Dismissal for underperformance: is the file sufficient?
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Detailed explanation, checklist and sources
Insufficient performance does not automatically lead to dismissal. Your employer must make the problem clear to you in time and give you a genuine opportunity to improve.
General information about Dutch law · Review date not recorded · How we work
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You must know what is not going well
The employer must specify in which respects your performance is inadequate. Isolated criticism or an unexpected poor appraisal is usually not the same as a carefully built-up file.
A genuine opportunity to improve
An improvement process must make clear what results are expected, what guidance or training you will receive and within what reasonable period improvement must be shown. Its design depends on the position, length of employment and circumstances.
Redeployment remains relevant
Even if there are sufficient grounds for dismissal, the employer generally must investigate whether redeployment to a suitable position is possible. Dismissal for underperformance is normally assessed by the subdistrict court.
Your checklist
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Tick what you have checked or collected. Note what is missing and take your overview to a meeting.
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Item 1 / 5 · Where do you stand with this item?
Job description and specific performance standards
This overview follows your own answers. It does not assess your rights or guarantee that your file is complete.
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View all details, notes and timeline
Your timeline and evidence
List events and contacts. Note where you keep the evidence; no upload is needed.
What goes in my timeline?
Record what happened, when, the response and where to find the letter, message or photo. Mark uncertain dates.
Is my evidence sent?
No. You only note where it is kept. No files are uploaded or sent automatically.
How do I save my timeline?
Your entries are not saved automatically. Choose Save and continue later to store this preparation, including your timeline, in My overview. Wait for confirmation and save new changes again. You can also download a Word file without an account.
Up to 20 events. Choose a different position for an event to change the order.
0 / 5 · Checked or collected
For each event, note the date, what happened and where the evidence is kept. Example: 3 October — letter received — correspondence folder.
Describe the solution you would like, such as an explanation of a deduction and repayment of the outstanding amount.
For example: which document is missing, who can provide it and what should I do first?
Record the date and its source. If unknown, note this and check promptly. This tool does not calculate or monitor deadlines.
After your conversation
These are your own notes. Confirm agreements with the other person; these notes do not prove their agreement.
This is your preparation, not a submitted request, objection or legally reviewed document. A tick records only your own progress. Check the procedure and deadline in the original letter.
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Clear entries
Download anything you want to keep first. Clearing cannot be undone.
- Job description and specific performance standards
- Appraisals, warnings and your written responses
- Plan, duration and evaluations of the improvement process
- Offered guidance, training and tools
- Vacancies and demonstrable redeployment investigation
Frequently asked questions
How long must an improvement process last?
There is no fixed period that always applies. The duration must be realistic in view of, among other things, your position, experience, shortcomings and the support offered.
Can illness affect the assessment?
Yes. The employer must investigate whether illness or insufficient attention to training or working conditions plays a role. The facts may materially change the ground for dismissal.