Improvement Process for Poor Performance in Delft
An improvement process for poor performance is a structured program that employers in Delft must establish for employees facing performance issues. It provides the employee with an opportunity to improve and is essential before dismissal to avoid hasty employer actions. Featuring clear objectives, guidance, and interim evaluations, it satisfies legal requirements, as upheld in decisions from the District Court of The Hague.
Legal Basis for the Improvement Process
Under Dutch employment law, Article 7:669(3)(e) of the Dutch Civil Code permits dismissal for poor performance only if the employee is unsuitable and cannot reasonably become suitable for the role. The Supreme Court (ruling of 26 June 2020, ECLI:NL:HR:2020:1053) requires proof of a completed process. Without it, the district court judge at the District Court of The Hague – competent for Delft – may reject the dismissal request. In UWV proceedings, the employer must demonstrate tangible support in line with the reflection requirements.
When Is an Improvement Process Mandatory in Delft?
The process is required upon confirmed poor performance, except in cases of permanent irreversible issues such as chronic illness. It begins after a performance review. For Delft residents, the following apply:
- Objective determination via data or team feedback.
- Clear notification of issues and improvement expectations.
- Realistic SMART goals (Specific, Measurable, Acceptable, Realistic, Time-bound).
Without a process, the employer risks claims for transition payment and fair compensation, as in the Yamaha/First Chamber case (2019). Consult the Juridisch Loket Delft for free advice.
Elements of an Effective Improvement Process
A successful process in the Delft work environment includes:
- Written plan: With goals, deadlines, and criteria.
- Duration: Typically 2-3 months, extendable; shorter periods are rarely recognized by the District Court of The Hague.
- Guidance: Training, coaching, or mentoring, funded by the employer.
- Evaluations: Regular meetings with minutes.
- Redeployment: Attempts at adjustment or internal transfer if unsuccessful.
Table: Overview of Improvement Process Elements
| Element | Description | Example for Delft |
|---|---|---|
| Goals | Concrete requirements | 'Meet 90% of deadlines in Delft projects' |
| Duration | 2-3 months | Month 1: training with local coach, Month 2: application' |
| Evaluation | Periodic | Biweekly 30-min meetings' |
| Guidance | Coach/training | 4 sessions via Delft provider' |
Rights and Obligations During the Process
Employer in Delft
- Rights: Initiate unilaterally, provided it is reasonable.
- Obligations: Provide full support, cover costs, and document everything.
Employee
- Rights: Access to evaluations, raise objections, involve works council/union or Juridisch Loket Delft.
- Obligations: Cooperate, meet goals, provide input.
Unjustified refusal may justify dismissal before the District Court of The Hague.
Practical Examples from Delft Context
Example 1: Salesperson at Delft Tech Company
Missed targets: 2 months of sales training, CRM checks, and goals. Success via improved metrics.
Example 2: Admin at Local Organization
Data errors: Excel course, daily checks, 3-month evaluation. No improvement: UWV approval with process evidence.
Example 3: Manager with Conflicts in Delft Team
360-feedback and coaching. Failure due to lack of motivation: District Court of The Hague upholds employer efforts.
Documentation is key for legal recognition.
FAQs for Delft Residents
Do I have to agree to the process?
No, the employer can start it unilaterally but must inform you. Request access and support from Juridisch Loket Delft. Unreasonable refusal weakens your case.
How long does it last?
Minimum 2 months per case law, with checks. Extend if progressing; pursue redeployment otherwise.
Unfair process?
Document it, involve works council/union and Municipality of Delft for support or a lawyer. Challenge possible at UWV/District Court of The Hague.
Pay during the process?
Yes, continued payment is mandatory.