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Letter Of Dismissal For Poor Performance

Letter Of Dismissal For Poor Performance Template for Netherlands

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Letter Of Dismissal For Poor Performance

"I need a Letter of Dismissal for Poor Performance for our Netherlands office, terminating a senior software developer who has failed to meet critical project deadlines and quality standards over the past 6 months, despite two formal performance improvement plans."

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Document background
A Letter of Dismissal for Poor Performance is a crucial document in Dutch employment law that formally terminates an employment relationship based on documented performance issues. It is used when an employee has demonstrated persistent performance problems despite previous improvement attempts and feedback. The document must comply with strict Dutch legal requirements, including references to performance improvement plans, specific examples of underperformance, and statutory notice periods. It should detail the transition payment (transitievergoeding) if applicable, final settlement arrangements, and company property return procedures. This letter represents the culmination of a documented performance management process and must demonstrate fair treatment and reasonable opportunities for improvement were provided, as required by Dutch employment protection legislation.
Suggested Sections

1. Employee and Company Details: Full names, addresses, and relevant employee information including position and employee ID

2. Date and Reference: Current date and any relevant reference numbers

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

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

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 Settlement: Information about final salary, unused vacation days, and transition payment

8. Company Property: Instructions regarding return of company property

9. Closing: Formal closing including signature block and company details

Optional Sections

1. Garden Leave: Include when employee is not required to work during notice period

2. Non-Compete Reminder: Include if employee is bound by existing non-compete clauses

3. Handover Instructions: Include when specific handover of work or projects is required

4. Reference Letter Offer: Include if company policy allows providing reference letters

5. Works Council Notice: Include if works council was consulted or needs to be informed

6. Collective Labor Agreement References: Include if specific CLA provisions apply to the termination

Suggested Schedules

1. Performance Improvement Plan History: Chronological overview of PIPs and outcomes

2. Meeting Minutes: Records of performance review meetings and warnings

3. Final Settlement Calculation: Detailed breakdown of final payment including transition payment

4. Company Property Checklist: List of items to be returned before departure

5. Handover Document Template: Template for documenting current projects and responsibilities

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Financial Services

Technology

Manufacturing

Retail

Healthcare

Professional Services

Education

Construction

Hospitality

Transportation

Energy

Telecommunications

Public Sector

Non-Profit

Media and Entertainment

Relevant Teams

Human Resources

Legal

Compliance

Employee Relations

Operations

Senior Management

Administration

Risk Management

Relevant Roles

HR Manager

HR Director

Legal Counsel

Employment Lawyer

HR Business Partner

Operations Manager

Department Head

General Manager

Managing Director

Personnel Administrator

Compliance Officer

Risk Manager

Human Resources Specialist

Employee Relations Manager

Chief Human Resources Officer

Industries
Dutch Civil Code (Burgerlijk Wetboek) - Book 7, Title 10: Contains the fundamental employment laws including grounds for dismissal, notice periods, and procedural requirements for termination
Work and Security Act (Wet Werk en Zekerheid): Regulates fair dismissal procedures and transition payment requirements
Dismissal Decree (Ontslagregeling): Provides specific rules and criteria for dismissal based on poor performance, including the requirement for proper documentation and performance improvement plans
Equal Treatment Act (Algemene wet gelijke behandeling): Ensures the dismissal is not discriminatory and is based solely on documented performance issues
Works Council Act (Wet op de ondernemingsraden): May require consultation with works council depending on company size and internal policies
Transition Payment Regulations (Transitievergoeding): Rules regarding mandatory severance payment calculations for employees with 24+ months of service
UWV Guidelines on Poor Performance Dismissals: Administrative guidelines providing specific criteria for what constitutes poor performance and required documentation
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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