The Letter of Termination Due to Poor Performance is a crucial document in Dutch employment law used when an employer needs to terminate an employee's contract based on inadequate job performance. This document can only be used after documented attempts to improve the employee's performance through formal improvement plans and regular evaluations. Under Dutch law, the employer must demonstrate reasonable grounds for termination (d-ground under Article 7:669 of the Dutch Civil Code) and show that reassignment to another suitable position is not possible. The letter must include specific elements such as the termination decision, notice period, transition payment details, and reference to previous performance discussions. It's essential to ensure this document complies with strict Dutch employment protection regulations and demonstrates that the termination process has been fair and legally compliant.
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1. Employee and Company Details: Full names and addresses of both the employee and company, employee's position and department
2. Date and Reference: Current date and any relevant reference numbers or employee ID
3. Subject Line: Clear indication that this is a termination notice
4. Performance History Summary: Brief chronological overview of performance issues, previous warnings, and improvement plans
5. Termination Decision: Clear statement of the decision to terminate employment due to continued poor performance
6. Legal Grounds: Reference to relevant legal grounds under Dutch law (particularly Article 7:669 of the Dutch Civil Code)
7. Notice Period: Specification of the notice period and last working day
8. Financial Settlement: Information about final salary, transition payment (transitievergoeding), and other financial entitlements
9. Company Property: Instructions regarding return of company property and handling of company information
10. Closing: Signature block and formal closing of the letter
1. Garden Leave: Include when employee is not required to work during notice period but remains employed
2. Non-Compete Reminder: Include if employee is bound by existing non-compete clauses
3. Handover Instructions: Include for positions requiring detailed knowledge transfer
4. Works Council Reference: Include if works council was consulted or needs to be informed
5. Outplacement Support: Include if company is offering career transition assistance
6. Medical Insurance Continuation: Include if specific arrangements are needed for health insurance transition
1. Performance Improvement Plan History: Chronological list of performance improvement plans and outcomes
2. Meeting Minutes: Summary of key performance review meetings and warnings
3. Financial Settlement Calculation: Detailed breakdown of final payment including transition payment calculation
4. Handover Document List: List of documents, passwords, and projects requiring handover
5. Company Property Checklist: Itemized list of company property to be returned
Relevant legal definitions
Clauses
Termination Notice
Performance History
Legal Grounds
Notice Period
Final Settlement
Transition Payment
Company Property Return
Confidentiality
Non-Competition
Non-Solicitation
Intellectual Property
Data Protection
Handover Requirements
Final Payments
Holiday Entitlement
References
Post-Employment Obligations
Acknowledgment and Acceptance
Full and Final Settlement
Governing Law
Performance History
Legal Grounds
Notice Period
Final Settlement
Transition Payment
Company Property Return
Confidentiality
Non-Competition
Non-Solicitation
Intellectual Property
Data Protection
Handover Requirements
Final Payments
Holiday Entitlement
References
Post-Employment Obligations
Acknowledgment and Acceptance
Full and Final Settlement
Governing Law
Relevant Industries
Technology
Financial Services
Manufacturing
Retail
Healthcare
Professional Services
Education
Construction
Hospitality
Transportation
Energy
Telecommunications
Media and Entertainment
Real Estate
Non-Profit
Relevant Teams
Human Resources
Legal
Compliance
Senior Management
Operations
Administration
Industrial Relations
Employee Relations
Payroll
Personnel Administration
Relevant Roles
HR Director
HR Manager
HR Business Partner
Legal Counsel
Employment Lawyer
Department Manager
Line Manager
Team Leader
Operations Manager
General Manager
Managing Director
Chief Human Resources Officer
Personnel Administrator
HR Specialist
Compliance Officer
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