{"id":94781,"date":"2026-10-20T09:33:14","date_gmt":"2026-10-20T09:33:14","guid":{"rendered":"https:\/\/wesselvanderlans.nl\/ongecategoriseerd\/termination-for-poor-performance\/"},"modified":"2026-10-20T09:54:55","modified_gmt":"2026-10-20T09:54:55","slug":"termination-for-poor-performance","status":"publish","type":"post","link":"https:\/\/wesselvanderlans.nl\/en\/knowledge-base\/termination-for-poor-performance\/","title":{"rendered":"Termination for Poor Performance"},"content":{"rendered":"\n

Not every employee always performs as an employer expects. Sometimes results fall short, certain skills are lacking, or the work isn\u2019t being done as desired. We refer to this as poor performance. But when does this constitute grounds for termination<\/a>? And what can the employer and employee do to improve the situation or reach a solution? In this blog, we explain the rules that must be taken into account.<\/p>\n\n

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When is performance considered unsatisfactory?<\/h2>\n\n

The first question that must be answered is whether there is a case of poor performance. An employee is considered to be underperforming if he or she does not meet the requirements that can reasonably be expected of the position. This may involve, for example, the quality of the work, failure to meet objectives, or a lack of certain skills.The law stipulates that an employee is not considered to be underperforming if they fail to meet the job requirements because they are ill, lack training, or due to working conditions. For example, if an entire team is underperforming, this is likely due to working conditions rather than to individual employees. In that case, an employee cannot be held responsible for this.<\/p>\n\n

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Warning<\/h2>\n\n

As soon as it is determined that an employee is underperforming, it is important to clearly warn him or her of this. The employer must then inform the employee about what is not going well and what is expected of the employee. It is advisable to do this in writing.Courts expect employers to clearly inform the employee in this warning of the consequences of a lack of improvement, such as reassignment or, at the very least, termination. This may seem harsh, but it is essential for a proper warning.<\/p>\n\n

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Drawing up a performance improvement plan<\/a> <\/h2>\n\n

If the employee has not improved, or has improved only to an insufficient degree, after receiving a warning, the next step is an improvement plan. Through this improvement plan, the employer must give the employee a serious and realistic opportunity to improve. The applicable rules set strict requirements for an improvement plan. The most important ones are:<\/p>\n\n