Page - Dismissal due to underperformance
Dismissal Due to Underperformance in the Netherlands – Legal Help for Expats
Are you an expat working in the Netherlands and facing termination due to underperformance? You may feel confused, frustrated, or uncertain about your rights. This page offers clear, professional guidance for international employees who have been told they are “not performing well enough” and are at risk of dismissal.
On This Page:
- What is considered underperformance under Dutch law?
- When can an employer dismiss an employee for poor performance?
- What are your rights and how can you protect them?
- What steps must your employer follow before termination?
- How Kantoor X can help you respond, defend, and negotiate
- Practical examples and success stories
- 7-point checklist to assess your situation
- Free legal review offer
What is Underperformance According to Dutch Employment Law?
In the Netherlands, underperformance (“disfunctioneren”) is a specific legal reason for dismissal. However, your employer must meet strict conditions before they can end your employment:
✅ Clear and ongoing communication about performance issues
✅ A documented performance improvement plan (PIP)
✅ Sufficient time and support to improve
✅ No alternative positions available within the company
✅ Objective, fair assessment process
Without these steps, a dismissal is often unlawful — and can be challenged.
Common Questions Expats Ask
- “Can they fire me for not meeting expectations?”
- “I didn’t even get a formal warning — is this legal?”
- “How long does a performance plan need to be?”
- “Do I have the right to severance?”
- “What happens to my residence permit if I’m fired?”
At our law office we help expats understand the legal process and push back where necessary — with confidence and clarity.
What Must Employers Do Before Dismissing You?
Dutch labor law protects employees, even in cases of alleged underperformance. Your employer must:
- Document performance concerns over time
- Offer real coaching or training support
- Give you a chance to improve over several months
- Review your situation objectively
- Explore if you can be transferred to another role
- Submit the case to a judge for approval if you don’t agree
If your employer skips these steps, the dismissal can be successfully contested.
What Are Your Legal Options?
You don’t have to accept termination without questions. Depending on your situation, you may:
- Reject the termination and force a legal review
- Negotiate a better settlement (vaststellingsovereenkomst)
- Claim additional severance for emotional or reputational damage
- Ask for reinstatement or alternative placement
- Protect your unemployment and residence rights
We review your case, advise on your chances, and negotiate or litigate on your behalf.
Case Example: Alice from the UK
Alice worked as a team lead in Amsterdam. Her manager said she was “not leadership material” and offered her a termination agreement.
- She contacted our la office and we:
- Found no documentation of underperformance
- Blocked the dismissal
- Negotiated a €46,000 settlement plus a positive reference
- Ensured her WW benefits and residence permit remained unaffected
“You gave me the strength and legal power I didn’t know I had.” – Alice Martial
7-Point Checklist for Underperformance Dismissal
✅ Was your performance issue clearly and repeatedly communicated?
✅ Did you receive a formal improvement plan or coaching?
✅ Were you given enough time to improve?
✅ Was the process documented in writing (emails, meetings)?
If you answered “no” to one or more: you may have a strong case.
There may be other points for defense as well. Please contact our office on this.
Why Choose our lawyers?
- 20+ years of experience in Dutch employment law
- Specialists in expat dismissals and performance disputes
- Clear, fast communication in English
- Strategic negotiations and court representation
- 1st consultation for free and without obligation
- Proven results: higher settlements, fairer outcomes
We help you stand your ground, protect your rights, and move forward with dignity.
Ready to Take Action?
Facing dismissal for underperformance doesn’t mean you’re powerless. Dutch law is on your side — and so are we.
📞 Call us for a free first consultation
📧 Email us your termination letter or settlement offer — we’ll review it promptly
✅ Protect your rights. Defend your career.
👉 Contact our office today — no obligation, just expertise.
