Employee dysfunctioning: How can you prove it?

For some time now, the WWZ (Employment and Social Security Act) has been applicable law, but various parts are still unclear in their application. For example, in a procedure leading to the termination of an employment contract because of – say – dysfunctioning, what evidence should an employer submit?

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Reviewing business case for which advisory reports are obligatory (art. 25 works counsils act – WOR)

In important decisions, the employer has to consult the organisation’s works council (Works Council-OR, Central Works Council-COR, Group Works Council-GOR, etc.). In doing so, a difference of opinion may arise about the business case, whether implementation of the decision is at all feasible and whether it will lead to the intended outcome?

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Retirement dismissal covered by the WWZ (employment and social security act)

Unless it has a been otherwise agreed upon in writing (individually or collectively), under the Employment and Social Security Act (WWZ), effective 1 July 2015, the employer can terminate an employee´s employment contract prior to or after the day on which the employee acquires the right to retirement benefits under the AOW (state pension) or on the basis of a different pension scheme (article 7:669 sub 4 Dutch Civil Code, DCC)

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