No dysfunction dismissals

By: Together Abroad 27-02-2014 10:07 AM
Categories: * Daily employment news, ** HR daily news,

The Lower House has accepted the Work and Security bill on 18 February. Included in this bill is the amendment in which is stated that employers are obligated to offer their employees training. An employer will no longer be able to just fire an employee on grounds of dysfunction without having offered schooling.
This was stated by Maarten van Gelderen of Van Gelderen Arbeidsrechtadvocaten on www.hetnieuweontslagrecht.nl.

According to an appendix added to the amendment, in this case it is an extension of the already existing ‘good employers’ concept. Van Gelderen states that we should not underestimate the importance of this obligation. This training is not just important for the employee in order to be able to function well in his or her current position, it is also important in case the employee’s job disappears or the employee is no longer able to perform his duties properly.

Performing poorly
As a result, it may become more complicated for employers to let an employee who is performing poorly go. An employer who offers little or no training should realise that a judge will not easily dissolve a labour agreement, even when an employee performs poorly. According to the new legal stipulation on dysfunction, it is not possible to dissolve a labour agreement if the poor performance is a consequence of insufficient training offered by the employer.

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