Improvement Trajectory for Underperformance in Den Haag
For residents of Den Haag, an improvement trajectory for underperformance is a formal program that employers must implement to help employees with performance issues improve. This is a required step before dismissal to prevent employers from acting hastily. It includes clear targets, support, and interim reviews, and is mandatory based on case law from the District Court of Den Haag.
Legal Basis of the Improvement Trajectory
Dismissal due to underperformance falls under Article 7:669(3)(e) of the Dutch Civil Code (BW) in Dutch employment law. Dismissal is only permitted if the employee is not suitable and cannot reasonably be made suitable for the role. Supreme Court rulings, such as ECLI:NL:HR:2020:1053 of 26 June 2020, require proof of a followed trajectory. Without it, dismissal at the District Court of Den Haag's sub-district court is often rejected.
The trajectory must demonstrate that no progress was made despite assistance. This is evident from the reflection requirements in UWV reviews, where employers must provide hard evidence of the process.
When is an Improvement Trajectory Mandatory in Den Haag?
A trajectory is required as soon as underperformance is objectively established, except in cases of permanent, irreparable issues (such as chronic conditions). It preferably starts with a performance review meeting. Essential requirements:
- Issues must be factually substantiated, e.g., via KPIs or team complaints.
- The employee receives clear notice of the issues and improvement expectations.
- Goals follow SMART principles: Specific, Measurable, Acceptable, Realistic, Time-bound.
Without a trajectory, the employer risks claims for transition payment and fair compensation, as in the Yamaha/First Chamber case (2019).
Components of a Robust Improvement Trajectory
A strong improvement trajectory in Den Haag includes these elements:
- Written plan: With precise goals, deadlines, and measurement criteria.
- Duration: Typically 2-3 months, extendable. Shorter periods are rarely accepted by the District Court of Den Haag.
- Support: Coaching, training, or buddy system, funded by the employer.
- Reviews: Regular meetings with notes.
- Alternatives: Role adjustment or redeployment if it fails.
Table: Core of an Improvement Trajectory
| Component | Explanation | Den Haag Example |
|---|---|---|
| Goals | Concrete requirements | 'Meet 90% of deadlines on Den Haag projects' |
| Duration | 2-3 months | Month 1: training, month 2: application' |
| Evaluation | Regular meetings | Weekly 30-min sessions in District Court procedures' |
| Guidance | Coach | 4 sessions €150, local agency' |
Rights and Obligations During the Trajectory
Employer in Den Haag
- Rights: Initiate independently, provided it is fair.
- Obligations: Provide full support, cover costs, and document everything.
Employee Rights and Obligations
- Rights: Access to reports, raise objections, involve works council/union. Contact Juridisch Loket Den Haag for free assistance.
- Obligations: Cooperate, meet targets, provide input.
Unjustified refusal may justify dismissal, with evidence.
Practical Cases from Den Haag Context
Case 1: Salesperson with Low Sales
At a Den Haag firm, a salesperson misses targets. Trajectory: 2-month sales training, weekly CRM checks. Result: Improved performance, successful outcome.
Case 2: Admin with Errors
Errors in documents for Municipality of Den Haag-related work: Excel training, daily checks, monthly reviews. After 3 months of failure: UWV approval with trajectory evidence.
Case 3: Manager with Conflicts
Team issues: coaching and 360-feedback. Failed due to lack of motivation: District Court of Den Haag approves employer's efforts.
Documentation is key for legal recognition.
Frequently Asked Questions Den Haag
Must I accept a trajectory?
No, the employer starts it unilaterally but must inform you. Request access and adjustments. For issues: Juridisch Loket Den Haag. Refusal weakens your dismissal position.
How long does it last?
No fixed statutory term, but District Court of Den Haag requires at least 2 months with reviews. Extend if successful; pursue redeployment if it fails.
Unfair trajectory?
Consult works council/union, note objections, hire employment lawyer. Object at UWV if unfair; Juridisch Loket Den Haag offers free help.
Salary during trajectory?
Yes, continued payment is mandatory.