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The closer we are getting to 1 July, the more questions arise about the new legislation on dismissal. It is said that it will become easier to dismiss employees. Or more difficult. Or both. What about this ‘Transitional Compensation’ (transitievergoeding) … and the ‘Provisions on succession of fixed-term employment contracts’ (ketenregeling) … and there was something about ‘File Management’ (dossieropbouw) … right … ?

Under the new dismissal legislation, it will be even more important that the employer, from day one, makes sure that it properly compiles the file.

Since in dismissal proceedings, the employer will have to demonstrate the ‘legitimate ground’ for the dismissal. In the case of unsatisfactory performance of an employee, in addition to the unsatisfactory performance, the employer will have to demonstrate that the employee has been informed of this in good time. It is, therefore, essential that concrete discussions between the employee and the employer are properly documented. In the case of unsatisfactory performance of an employee, prior to a dismissal on this ground, an action plan aimed at improvement (verbetertraject) will have to be followed first. It is necessary that this plan is properly recorded in the employee’s file. The final goal and the consequences if the employee does not reach this final goal within the specified time limit should be recorded in the file. The employer will also need to demonstrate that attention has been paid to training.

A judge will have fewer opportunities to customize; in the past, in case of a somewhat less well-substantiated file, a subdistrict judge could still agree to a somewhat higher severance pay; now, he will have to reject the request.

The position of the employee has, therefore, strengthened, and the employer will need a better file to dismiss an employee.

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