Performance Improvement Plan for Underperformance in Utrecht
In Utrecht, a performance improvement plan for underperformance is a mandatory tool for employers to support employees with performance issues. This program gives the employee time to improve and prevents hasty dismissal. The District Court of Utrecht requires clear objectives, guidance, and interim evaluations, based on established case law, to justify a dismissal procedure.
Legal Basis in Utrecht
Under Article 7:669(3)(e) of the Dutch Civil Code, dismissal for underperformance is only permitted if the employee is not suitable and cannot reasonably be made suitable. The Supreme Court (ruling of 26 June 2020, ECLI:NL:HR:2020:1053) requires employers to implement such a plan. The District Court of Utrecht often rejects requests without evidence of support, particularly in UWV proceedings where concrete documentation is essential.
The plan must demonstrate that no progress was made despite assistance, in line with the strict reflection requirements applied by Utrecht cantonal judges.
When to Start in Utrecht?
A plan is required as soon as underperformance is objectively established, except in cases of permanent issues such as chronic illness. Start after an open performance review. For Utrecht residents, these requirements apply:
- Prove issues with data, such as missed targets or team complaints.
- Explicitly notify the employee of the issues and improvement expectations.
- Set realistic SMART goals for achievability.
Without a plan, the employer risks claims for transition payment and fair compensation, as in the Yamaha case (2019). Contact Het Juridisch Loket Utrecht for free advice.
Components of a Strong Plan in Utrecht
A successful performance improvement plan includes these steps:
- Written plan: Clear objectives, deadlines, and measurement criteria.
- Duration: Standard 2-3 months, extendable; the District Court of Utrecht rarely accepts shorter periods.
- Support: Training, coaching, or buddy system, funded by the employer.
- Evaluations: Regular meetings with notes.
- Alternatives: Attempt redeployment or adjustments if it fails.
Table: Core Elements of Utrecht Plans
| Element | Description | Utrecht Example |
|---|---|---|
| Objectives | Concrete requirements | 'Meet 90% of deadlines on Utrecht projects' |
| Duration | 2-3 months | 'Month 1: training, month 2: application in Utrecht' |
| Evaluation | Regular meetings | 'Weekly 30-min sessions in District Court of Utrecht case' |
| Support | Coach | '4 sessions €150, local in Utrecht' |
Rights and Obligations During the Plan
Employer in Utrecht
- Rights: Initiate unilaterally, provided it is fair.
- Obligations: Provide full support, documentation, and cover costs.
Employee Rights
- Rights: Access to reports, involve works council/union, assistance from Het Juridisch Loket Utrecht.
- Obligations: Cooperate, meet goals, provide input.
Unjustified refusal may justify dismissal at the District Court of Utrecht.
Utrecht Case Examples
Example 1: Salesperson at Utrecht Bike Shop
Low sales lead to 2-month plan: sales training, weekly checks via local CRM. Result: improvement, successful conclusion.
Example 2: Admin at Municipality of Utrecht
Errors in documents: Excel training, daily checks, monthly reviews. After 3 months no improvement: UWV approval with plan evidence.
Example 3: Manager at UU with Conflicts
Coaching and feedback rounds. Fails due to lack of motivation: District Court of Utrecht approves dismissal.
Documentation is key in Utrecht cases.
FAQ for Utrecht Residents
Do I have to agree to the plan?
No, the employer can start it unilaterally but must inform you. Request access and adjustments via Het Juridisch Loket Utrecht. Refusal weakens your position.
How long does it last?
Minimum 2 months per District Court of Utrecht case law. Extend if progress, attempt redeployment if it fails.
Unfair plan?
Consult works council, union, or lawyer via Municipality of Utrecht support. Object at UWV if not realistic.
Salary during the plan?
Yes, salary continues. Check with Het Juridisch Loket Utrecht.