Disfunctioning and improvement process

Legal advice on insufficient performance of employees

As an employer, you strive for optimally performing employees. However, it can happen that the performance of an employee consistently falls short. In that case, it is important to act promptly and carefully, both from the perspective of good employer practices and in view of any potential termination of the employment contract.

When is there a case of dysfunction?

Dysfunction means that an employee does not (or no longer) meet the reasonable requirements that can be expected of their position. This may manifest as insufficient performance, lack of commitment, persistent mistakes, or ineffective collaboration. Before you can proceed to dismissal based on dysfunction, you must go through a careful process.

The improvement process: a necessary step in the procedure

An employee must be given the chance to improve their performance. This concretely means:

• Clear feedback on what is going wrong;
• Clear objectives and specific points for improvement;
• Guidance, support, and sufficient time;
• Written documentation of all steps taken.

Only if you can demonstrate that this process has been followed carefully and has yielded no results, can dysfunction be considered a valid grounds for dismissal.

Avoid legal pitfalls

In practice, issues often arise because the improvement process is insufficiently substantiated or not properly documented. This leads to a weak dismissal position, additional costs, or even rejection of the dismissal application. Therefore, it is essential to seek legal advice early on and approach the process strategically.

Our support

We advise employers on:

• Assessing and substantiating dysfunction;
• Setting up and guiding improvement processes;
• Documenting conversations and actions;
• Negotiation regarding termination or support in a procedure.

Do you have doubts about an employee's performance, or do you have questions about the improvement process? Then contact our employment law specialists in a timely manner for tailored legal advice.