Performance Improvement Plan for Underperforming Employees in Tilburg
A performance improvement plan for underperformance is a structured tool that employers in Tilburg must use to help employees with performance issues improve. This is essential before initiating dismissal proceedings and prevents hasty decisions. It provides targeted goals, personal guidance, and regular check-ins, and is required by courts, such as the District Court of Zeeland-West-Brabant in Breda.
Legal Basis in Tilburg Employment Law
Dismissal for underperformance falls under Article 7:669(3)(e) of the Civil Code (BW). Dismissal is only permitted if the employee is not suitable and cannot reasonably become suitable. The Supreme Court (judgment of June 26, 2020, ECLI:NL:HR:2020:1053) requires proof of such a plan. Without it, the subdistrict court judge in Breda often rejects the request. In UWV proceedings, the employer must provide hard evidence of support.
In Tilburg, you can get free advice on these requirements from the Juridisch Loket Tilburg.
When Does a Performance Improvement Plan Start in Tilburg?
Immediately after establishing underperformance, except in cases of permanent issues such as chronic illness. Start with a performance review meeting. Requirements for Tilburg employers:
- Objective assessment, e.g., via KPIs or team feedback in local businesses.
- Clear notification to the employee about the issues and improvement expectations.
- Realistic SMART goals, tailored to the Tilburg work context.
Without a plan, the employer risks claims for transition payment and fair compensation, as in the Yamaha case (2019).
Components of an Effective Performance Improvement Plan
A successful plan in Tilburg includes:
- Written plan: Clear goals, deadlines, and milestones.
- Duration: Typically 2-3 months, extendable; shorter periods often fail at the District Court of Zeeland-West-Brabant.
- Guidance: Training, coaching, or mentors, funded by the employer.
- Evaluations: Regular meetings with notes.
- Alternatives: Attempt redeployment within the organization or via Municipality of Tilburg initiatives.
Table: Core Elements of a Tilburg Performance Improvement Plan
| Element | Description | Tilburg Example |
|---|---|---|
| Goals | Concrete requirements | 'Meet 90% of deadlines in local production' |
| Duration | 2-3 months | Month 1: Workshop in Tilburg, Month 2: Practice' |
| Evaluation | Regular meetings | Biweekly 30-min sessions' |
| Guidance | Coach or training | 4 local sessions via Tilburg trainers' |
Rights and Obligations During the Plan
Employer in Tilburg
- Rights: Initiate the plan, provided it is fair.
- Obligations: Provide full support, documentation, and cover costs.
Employee
- Rights: Access to reports, involve works council/union, assistance from Juridisch Loket Tilburg.
- Obligations: Cooperate, meet goals, and provide input.
Unjustified refusal may justify dismissal, with evidence.
Tilburg Case Examples
Example 1: Salesperson at Tilburg Retail Company
Low targets lead to 2-month plan: local sales training, weekly check-ins, and new tools. Result: Improved performance, success.
Example 2: Admin in Municipality-Related Role
Data errors: Excel training, daily checks, 3-month evaluation. No improvement: UWV approval with plan evidence.
Example 3: Team Leader in Logistics
Conflicts: Coaching and feedback rounds. Fails due to lack of motivation: District Court of Zeeland-West-Brabant approves.
Documentation is key for validity in local proceedings.
Frequently Asked Questions for Tilburg
Do I have to agree to a plan in Tilburg?
No, the employer can start it unilaterally but must inform you. Request access and support. For issues: Juridisch Loket Tilburg. Refusal weakens your case.
How long does the plan last?
Minimum 2 months per case law, with check-ins. Extend if progress; attempt redeployment.
Unfair plan?
Consult works council, union, or Juridisch Loket Tilburg. Document and hire an employment lawyer. Challenge at UWV possible.
Pay during the plan?
Yes, continued payment is mandatory.