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Dismissal Due to Underperformance in Utrecht

Dismissal due to underperformance in Utrecht is a complex process with strict rules. Employers must offer an improvement trajectory and build a dossier. Read more about the procedure and your rights.

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Dismissal Due to Underperformance in Utrecht

Underperformance constitutes one of the most challenging grounds for dismissal. Employers in Utrecht cannot simply dismiss someone for 'poor performance'. Strict rules apply.

What Does Underperformance Mean?

Underperformance means that an employee is not suitable for the agreed tasks:

  • Work of insufficient quality
  • Low productivity
  • Lack of required knowledge or skills
  • Repeatedly making errors

Statutory Requirements

For dismissal on the grounds of underperformance, an employer in Utrecht must prove that:

  1. The employee is unsuitable for the position
  2. This is not attributable to illness or a disability
  3. The employee has been made aware of the shortcomings
  4. A fair chance for improvement has been offered
  5. The underperformance is not due to lack of training
  6. Reassignment within the company is not feasible

The Improvement Process

Characteristics of a Proper Improvement Trajectory:

  1. Written Documentation of the issues
  2. Specific Improvement Goals to formulate
  3. Measurable Results to establish
  4. Realistic Timeframe (often 3-6 months)
  5. Support and Coaching to offer
  6. Periodic Evaluations to conduct

Dossier Building in Utrecht

An employer must compile a complete dossier containing:

  • Reports of performance reviews
  • Appraisal reports
  • Written warnings
  • The improvement plan
  • Evaluation reports

Dismissal Procedure via the Canton Court

Dismissal due to underperformance in Utrecht proceeds via the canton court of the District Court of Midden-Nederland:

  1. The employer files a request for dissolution
  2. The employee may submit a defense
  3. A hearing takes place
  4. The canton judge decides

Transition Compensation

In the event of dismissal due to underperformance, an employee is in principle entitled to transition compensation, except in cases of seriously culpable conduct.

Practical Questions

What is the duration of an improvement trajectory?

Typically 3 to 6 months, depending on the situation.

Is dismissal possible without an improvement trajectory?

Generally not, except in very exceptional cases.

Advice for Employees in Utrecht

  1. Ask for specific examples of criticism
  2. Respond in writing to unjust appraisals
  3. Request additional training and coaching
  4. Keep your own logbook of your efforts

Legal basis: Article 7:669 paragraph 3 sub d Dutch Civil Code

Local Information Utrecht

Court: District Court of Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht

Legal Aid Office: Juridisch Loket Utrecht, Catharijnesingel 55, Utrecht