{"id":5980,"date":"2025-07-11T06:59:31","date_gmt":"2025-07-11T03:59:31","guid":{"rendered":"https:\/\/arbeidsadvocaat.nl\/termination-due-to-a-mismatch-with-a-new-employee-what-is-permitted\/"},"modified":"2026-08-16T15:45:51","modified_gmt":"2026-08-16T12:45:51","slug":"termination-due-to-a-mismatch-with-a-new-employee-what-is-permitted","status":"publish","type":"post","link":"https:\/\/arbeidsadvocaat.nl\/en\/termination-due-to-a-mismatch-with-a-new-employee-what-is-permitted\/","title":{"rendered":"Termination Due to a Mismatch with a New Employee: What Is Permitted?"},"content":{"rendered":"\n

New employee not a good fit? Here are your options as an employer <\/strong><\/h4>\n\n

You\u2019ve just hired a new employee, but it soon becomes clear that things aren\u2019t clicking. Collaboration is strained, friction arises, and you start to get the feeling that there\u2019s a mismatch. In practice, this happens more often than you might think. As an employer, how can you handle this situation carefully and in compliance with the law? And to what extent is termination an option? In this blog, we\u2019ll discuss the most important points to consider. <\/p>\n\n

Use the probationary period wisely<\/strong><\/h4>\n\n

The probationary period is intended to allow for quick action if it becomes clear that the working relationship isn\u2019t working out. During this period, as an employer, you may terminate the employment contract immediately, without notice. However, the probationary period must be specified in writing in advance, and not every type of contract can simply include a probationary period. If it becomes clear within the first few weeks that there is no good fit, that is the ideal time to part ways. <\/p>\n\n

Non-renewal of a temporary contract<\/strong><\/h4>\n\n

Has the probationary period already ended, but is the contract still a fixed-term contract? In that case, you can simply choose not to renew the contract. The employment contract will then automatically terminate on the agreed-upon end date. In that case, make clear arrangements regarding the remaining work period until the end of the employment relationship. <\/p>\n\n

Temporarily Exempting an Employee from Work<\/strong><\/h4>\n\n

In cases of serious conflict, you may choose to temporarily exempt the employee from work, for example, until the contract expires or for the duration of a termination process. Please note: wages must continue to be paid during this period as well. In addition, suspension from work is a serious measure that must be well-founded. Furthermore, an employee can seek a court order to have the suspension lifted if it is found to be unjustified. <\/p>\n\n

Termination of the employment contract through the courts<\/strong><\/h4>\n\n

If the working relationship is structurally unworkable and the situation escalates, you can file a petition with the subdistrict court to terminate the employment contract. This applies to both temporary and permanent contracts, although temporary contracts must include a provision allowing for early termination. As an employer, you must demonstrate that there is a clear mismatch that makes it impossible to continue the working relationship. In some cases, this leads to termination by mutual agreement through a settlement agreement. <\/p>\n\n

When is a mismatch considered justified?<\/strong><\/h4>\n\n

Not every conflict that arises in a collaborative setting is an immediate grounds for termination. The context is decisive. Factors to consider include: <\/p>\n\n