'We Gave Him Warnings, Isn't That Enough?' The Dutch Dossier Myth

The Myth: A track record of poor performance and a few verbal warnings are sufficient grounds to dismiss an employee in the Netherlands.

David, the recently appointed VP of Sales for Innovate Global BV’s Amsterdam office, was frustrated. A key account manager, Mark, had been missing his targets for two consecutive quarters. David had done what he’d always done at his previous post in Chicago: he’d had three separate, firm conversations with Mark, followed by two emails recapping the performance issues. “It’s just not working out,” David told his HR manager, Anouk. “I’ve given him plenty of warnings. Let’s start the termination process. It’s a clear-cut case of underperformance.”

Anouk sighed. She knew this was coming. David was applying a common-sense management principle that, in the Netherlands, was a direct path to a legal dead end. He had fallen for a classic Dutch employment law myth.

The Reality: Dutch law requires a comprehensive, well-documented 'dossier' proving the employee was given a genuine chance to improve.

In the Netherlands, dismissing an employee for underperformance is not about just proving they did a bad job. A Dutch judge will first ask: “What did the employer do to help the employee succeed?” Without a robust and fair process, a dismissal request will almost certainly be denied.

Anouk explained the situation to David. The “firm conversations” and summary emails were a start, but they were legally insufficient. They lacked the structured, mandatory components of a Dutch Performance Improvement Plan (verbetertraject).

A proper dossier requires an employer to prove:

1. Timely Notification: The employee was clearly and promptly informed about the specific areas of underperformance.
2. A Concrete Improvement Plan: A formal plan was created with measurable, achievable goals and a reasonable timeline.
3. Active Support: The employer offered concrete help, such as coaching, training, or adjusting the employee’s responsibilities.
4. Regular Evaluation: There were documented, regular meetings to discuss progress.
5. Clear Consequences: The employee was explicitly warned, in writing, that failure to improve could result in dismissal.

David’s actions, while well-intentioned, failed on almost every count. Innovate Global BV was now in a difficult position: they had an underperforming employee but no legal grounds to terminate his contract. Their only options were to start a formal, six-month PIP now or negotiate a costly settlement agreement.

The AI Clarity Moment

“How could I have known this?” a dejected David asked.

Anouk showed him how he could have avoided the entire situation. Instead of relying on his previous experience, he could have asked a simple question in LawYours.AI:

“What are the legal steps to dismiss an employee for underperformance in the Netherlands?”

Within seconds, the AI copilot would have provided a clear, actionable checklist, sourced directly from Dutch Civil Code (Book 7) and relevant case law. It would have outlined the necessity of a formal PIP, the importance of documentation, and the need to offer support. It would have turned a costly assumption into a clear action plan from day one.

3 Simple Rules to Remember

1. Document Everything, Formally: Informal chats and quick emails don’t count. Use formal letters and meeting minutes to record every step of the performance management process.
2. Create a Real Improvement Plan: A PIP isn’t just a warning. It must include specific goals, timelines, and a genuine offer of company support (like training or coaching).
3. Be Explicit About Consequences: Always include a clear, written statement that continued underperformance, after the improvement period, may lead to the termination of the employment contract.

Disclaimer: This article describes a fictionalized scenario for illustrative and educational purposes only. It is not intended to be and should not be construed as legal advice. Any resemblance to actual events, entities, or individuals is purely coincidental.