Performance Improvement Trajectory for Underperformance in Rotterdam
For employees in Rotterdam, a performance improvement trajectory for underperformance offers a structured tool that enables employers to address performance issues and gives staff the opportunity to improve. This is essential before seeking dismissal for underperformance at the District Court of Rotterdam and helps avoid rushed procedures. The program features clear objectives, personalized support, and regular evaluations, as upheld in Dutch case law.
Legal Basis for the Performance Improvement Trajectory
Dismissal for underperformance is governed by Article 7:669(3)(e) of the Dutch Civil Code in Dutch employment law. Dismissal is only permitted if the employee is unsuitable and cannot reasonably be made suitable for the role. The Supreme Court ruled in its judgment of 26 June 2020 (ECLI:NL:HR:2020:1053) that employers must demonstrate a performance improvement trajectory. Without it, dismissal requests at the District Court of Rotterdam or UWV are often rejected.
The sub-district judge at the District Court of Rotterdam requires proof of efforts, including concrete documentation of the trajectory, in line with the reflection requirements in UWV assessments.
When Does a Performance Improvement Trajectory Start in Rotterdam?
A trajectory is mandatory upon confirmed underperformance, except in cases of permanent irreversible issues such as chronic illness. It preferably begins with a performance review meeting. Key requirements for Rotterdam employers:
- Objective determination based on performance metrics or team complaints, often relevant in dynamic sectors like the port.
- Clear notification to the employee about the issues and need for improvement.
- Realistic SMART goals (Specific, Measurable, Achievable, Realistic, Time-bound).
Without a trajectory, employers risk claims for transition payment and fair compensation, as in the Yamaha/Senate case (2019), applied by the District Court of Rotterdam.
Components of a Strong Performance Improvement Trajectory
A successful performance improvement trajectory for Rotterdam situations includes:
- Written plan: With objectives, deadlines, and criteria.
- Duration: Standard 2-3 months, extendable; shorter periods are rarely accepted by the sub-district judge.
- Support: Coaching or training, funded by the employer.
- Evaluations: Regular reviews with minutes.
- Alternatives: Job modification or redeployment if it fails.
Table: Core Elements of a Rotterdam Trajectory
| Element | Description | Rotterdam Example |
|---|---|---|
| Goals | Specific requirements | 'Meet 90% of deadlines in port logistics' |
| Duration | 2-3 months | 'Month 1: training, Month 2: practical application' |
| Evaluation | Regular meetings | 'Weekly 30-min review' |
| Support | Coach | '4 sessions at €150, locally hired' |
Rights and Obligations During the Trajectory
Employer in Rotterdam
- Rights: Initiate unilaterally, if reasonable.
- Obligations: Provide full support, cover costs, and document everything.
Employee
- Rights: Access to reports, raise objections, involve works council/union.
- Obligations: Cooperate, meet goals, provide input.
Unjustified refusal may justify dismissal at the District Court of Rotterdam.
Rotterdam Practice Examples
Example 1: Sales Rep in Rotterdam Trade
Low targets lead to 2-month trajectory: sales training, weekly checks, CRM tool. Outcome: improvement, successful conclusion.
Example 2: Admin at Local Firm
Data errors: Excel course, daily checks, monthly evaluations. After 3 months failure: UWV approval with trajectory evidence.
Example 3: Manager with Team Conflicts
Coaching and 360-feedback. Failed due to lack of motivation: District Court of Rotterdam approves employer's efforts.
Documentation is key for validity in local proceedings.
Frequently Asked Questions for Rotterdam
Do I have to agree to a trajectory?
No, the employer can start it unilaterally but must inform you. Right to review; refusal weakens your case. Contact Juridisch Loket Rotterdam.
How long does it last?
Minimum 2 months per case law, with check-ins. Extend if progress; pursue redeployment if it fails.
Unfair trajectory?
Involve works council/union, note issues, and call Juridisch Loket Rotterdam or a lawyer. Objection possible at UWV/District Court.
Pay during trajectory?
Yes, continued payment is mandatory.