Dismissal Letter For Poor Performance for the Netherlands

Dismissal Letter For Poor Performance Template for Netherlands

This document serves as a formal termination notice under Dutch employment law, specifically addressing dismissal due to poor performance. It complies with the requirements set forth in the Dutch Civil Code (Burgerlijk Wetboek) and the Work and Security Act (Wet Werk en Zekerheid). The letter documents the grounds for termination based on inadequate performance, references previous performance improvement attempts, and outlines the terms of separation including notice period, transition payment, and final arrangements. It ensures legal compliance while maintaining professional communication standards and protecting both employer and employee interests within the Dutch legal framework.

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What is a Dismissal Letter For Poor Performance?

The Dismissal Letter For Poor Performance is a crucial document used in the Netherlands when terminating employment due to unsatisfactory work performance. It is drafted after documented attempts to improve employee performance through formal improvement plans have been unsuccessful. The letter must comply with Dutch employment law requirements, including proper notice periods and transition payments as specified in the Dutch Civil Code. This document should only be used when there is sufficient documentation of performance issues, feedback provided, and improvement attempts made. It typically follows a formal performance improvement process and requires careful consideration of legal requirements, including potential review by the UWV (Dutch Employee Insurance Agency) or court if required. The letter serves as official documentation of the termination decision and outlines all necessary practical and financial arrangements for the employment conclusion.

What sections should be included in a Dismissal Letter For Poor Performance?

1. Header and Date: Company letterhead, date, and formal letter formatting

2. Employee Information: Full name, position, employee ID, and department of the employee

3. Subject Line: Clear indication that this is a termination notice

4. Performance History Summary: Brief overview of performance issues and improvement plans implemented

5. Termination Decision: Clear statement of the decision to terminate employment

6. Notice Period: Specification of the notice period and last working day

7. Final Arrangements: Details about final salary, transition payment, and handling of company property

8. Signature Block: Space for employer signature, name, and title

What sections are optional to include in a Dismissal Letter For Poor Performance?

1. Garden Leave: Include when the employee will be placed on garden leave during the notice period

2. Non-Competition Reminder: Include if the employee is bound by non-compete clauses that continue after termination

3. Handover Requirements: Include when specific handover of work, projects, or responsibilities is required

4. Reference Policy: Include details about company policy on providing references

5. Outstanding Loans/Advances: Include if there are any outstanding financial obligations to be settled

What schedules should be included in a Dismissal Letter For Poor Performance?

1. Performance Improvement Plan History: Chronological list of performance improvement plans and outcomes

2. Final Settlement Calculation: Detailed breakdown of final payment including salary, transition payment, and other entitlements

3. Company Property Checklist: List of company property to be returned

4. Exit Process Checklist: Step-by-step guide for completing the termination process

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Netherlands

Publisher

Genie AI

Document Type

Employment Letter

Cost

Free to use
Relevant Industries

Technology

Financial Services

Manufacturing

Retail

Healthcare

Professional Services

Education

Construction

Hospitality

Telecommunications

Transport and Logistics

Energy and Utilities

Media and Entertainment

Non-Profit Organizations

Public Sector

Relevant Teams

Human Resources

Legal

Employee Relations

Personnel Administration

Management

Executive Leadership

Compliance

Administration

Relevant Roles

HR Manager

HR Director

Legal Counsel

Employment Lawyer

HR Business Partner

Personnel Manager

Chief Human Resources Officer

Employee Relations Manager

HR Operations Manager

Department Manager

Line Manager

Team Leader

Managing Director

CEO

General Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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