New employee doesn't fit in? These are your options as an employer
You have just hired a new employee, but within a short time it turns out that it does not click after all. The cooperation is difficult, there is friction and the feeling creeps up on you that there is a mismatch. In practice, this happens more often than you might think. As an employer, how can you handle this carefully and legally correct? And to what extent is dismissal an option? In this blog we will discuss the most important issues.
Use the probationary period wisely
The purpose of the probationary period is to be able to act quickly if it turns out that the cooperation is not working. Within this period, the employer may terminate the employment contract immediately, without notice. However, the probationary period must be laid down in writing in advance and not every type of contract may contain a probationary period. If it turns out during the first few weeks that there is no match, this is the time to say goodbye.
Not renewing a temporary contract
Is the probationary period already over, but there is a fixed-term contract? Then you can choose simply not to renew the contract. The contract then ends by operation of law on the agreed end date. In that case, make clear agreements about the remaining working time until the end of the employment.
Employee temporary release from work
In case of serious tensions, you can choose to temporarily release the employee from work, for example until the contract expires or while a termination process is ongoing. Note that wages must continue to be paid even during this period. In addition, exemption from work is a severe measure that must be well-founded. An employee can also demand that the suspension be lifted through the courts if it turns out to be unjustified.
Dissolution of employment contract through the court
If the cooperation is structurally unworkable and the situation escalates, you can go to the subdistrict court with a request for dissolution of the employment contract. This applies to both temporary and permanent contracts, although temporary contracts must include an early termination clause. As an employer, you must prove that there is a clear mismatch that makes it impossible to continue the cooperation. In some cases, this leads to termination by mutual agreement via a settlement agreement.
When is there a justifiable mismatch?
Not every clash in cooperation is immediate grounds for dismissal. Context is decisive. Factors that factor in include:
- Was the mismatch identified shortly after entry into service, or only after a longer period of time?
- Does the employee hold a position in which trust is crucial, such as a managerial or executive position?
- Do colleagues also feel that cooperation is not going well?
- Does the employee himself also have doubts about mutual expectations or, on the contrary, does he not cooperate in improvement?
- How serious is the conflict and what is the relationship like within the organization? In a small organization, personal relationships often carry more weight.
- Is there sick leave associated with the labor dispute?
Acting quickly and carefully is essential
It is important to take immediate action as soon as you notice that things are not working out with a new employee. The longer you wait, the more difficult it becomes to get the file legally sound. Acting quickly prevents the situation from escalating and provides more room for resolution, with or without court intervention.
Conclusion
A new employee who turns out not to fit in after all, is annoying for all concerned. Nevertheless, there are sufficient legal possibilities for an employer to react carefully. By taking the right steps at the right time, you prevent unnecessary damage and offer room for a constructive solution. A well-prepared policy for this kind of situation is no luxury.
This blog was written by mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and supports entrepreneurs and employees on a daily basis with a variety of employment law issues. From dismissal cases to drafting watertight contracts and regulations - with his practical and personal approach, he helps employers and employees move forward. Want to know more? Visit Stijn's page.
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April 2025
