Performance Improvement Process for Underperformance in Amsterdam
A performance improvement process for underperformance is a structured programme that employers in Amsterdam must set up for employees facing performance issues. It offers the employee a chance to improve and is essential before dismissal, particularly at the District Court of Amsterdam. This avoids premature dismissal requests and provides support through clear goals, coaching, and interim evaluations, as upheld in Dutch case law.
Legal Basis of the Performance Improvement Process
Dismissal for underperformance is governed by Article 7:669(3)(e) of the Dutch Civil Code (BW). Dismissal is only allowed if the employee is not suitable and cannot reasonably become suitable for the role. The Supreme Court (judgment 26 June 2020, ECLI:NL:HR:2020:1053) requires proof of such a process. Without it, the district court judge at the District Court of Amsterdam often rejects dismissal. In UWV proceedings, employers must show concrete evidence of support to meet the reflection requirements.
When Does a Performance Improvement Process Start in Amsterdam?
The process is mandatory once underperformance is established, except in cases of permanent irreversible issues like chronic conditions. Begin after an open performance discussion. Key requirements under Amsterdam employment law:
- Objective assessment using data, such as targets or team feedback.
- Clear communication to the employee about the issues and need for improvement.
- Realistic SMART goals (Specific, Measurable, Achievable, Relevant, Time-bound).
Failure to implement a process exposes the employer to claims for transition payment and fair compensation, as seen in the Yamaha case (2019), which is relevant for District Court of Amsterdam proceedings.
Components of a Strong Performance Improvement Process
A successful process for Amsterdam employers includes:
- Written plan: With specific goals, deadlines, and evaluation criteria.
- Duration: Typically 2-3 months, extendable; shorter periods are rarely accepted by the district court.
- Coaching: Training, mentoring, or external assistance funded by the employer.
- Evaluations: Regular discussions with documented notes.
- Alternatives: Explore redeployment or adjustments if it fails.
Table: Core Elements of an Amsterdam Process
| Component | Explanation | Amsterdam Example |
|---|---|---|
| Goals | Concrete requirements | 'Meet 90% of deadlines on Amsterdam projects' |
| Duration | 2-3 months | 'Month 1: Workshop, Month 2: Practical application' |
| Evaluation | Regular meetings | 'Bi-weekly 30-min sessions' |
| Support | Professional coach | '4 sessions with local trainer, €150 per session' |
Rights and Obligations During the Process
Employer in Amsterdam
- Rights: Initiate the process, if conducted fairly.
- Obligations: Provide full support, cover costs, and document everything.
Employee
- Rights: Access to reports, right to object, support from union or works council; consult Amsterdam Legal Advice Office.
- Obligations: Cooperate, achieve goals, and provide feedback.
Unjustified refusal may justify dismissal at the District Court of Amsterdam.
Amsterdam Practice Examples
Example 1: Salesperson in Amsterdam City Centre
Low sales at a Canal Belt shop trigger a 2-month process: sales training, weekly app-based targets, CRM tools. Outcome: Success with improved performance metrics.
Example 2: Office Worker at Municipality of Amsterdam
Administrative errors lead to Excel training, buddy reviews, and monthly checks. No progress after 3 months: UWV dismissal approved based on process evidence.
Example 3: Team Lead at Zuidas Firm
Team conflicts prompt leadership coaching and 360-degree feedback. Failure due to motivation issues: District Court of Amsterdam upholds employer's efforts.
Thorough documentation is essential for recognition by local authorities.
Frequently Asked Questions for Amsterdam
Must I accept the process?
No, the employer initiates it unilaterally but must inform you. Request access and support. For issues: contact Amsterdam Legal Advice Office or your union. Refusal weakens your position.
How long does it last?
No fixed legal duration, but at least 2 months with evaluations per District Court of Amsterdam standards. Extend if progressing; pursue redeployment if not.
Unfair process?
Involve works council or union, document objections, consult a lawyer or Amsterdam Legal Advice Office. Challenge at UWV if unfair.
Salary during the process?
Yes, full pay continuation is required.