How do I properly arrange my dismissal?

Questioner

Good afternoon, After three temporary contracts I was given a permanent position but with a development trajectory (as a social worker). This development trajectory has been completed, but the outcome is that I can no longer stay with my employer. In this development trajectory we have agreements that I feel have not been adhered to. There were three outcomes that were recorded with HR, my team manager and myself. I have this document and the outcomes would be as follows: 'A period of 4 months is set aside for the development process, from 1 November 2020 to 1 March 2021. We will regularly evaluate the improvement process in the interim. An evaluation meeting will be scheduled once a month for this purpose. A final evaluation will take place after 4 months. Three conclusions can be drawn from this:  All of the above development points are at the desired level;  All of the above development points are not yet at the desired level, but there is visible improvement;  The above development points are not at the desired level and we do not see any improvement.' The outcome is that there has been development, but the contract is still terminated. This has caused the situation I am in now. A VSO is coming, I called in sick today but my team manager has decided not to call me in sick, but that I will get a day off from the company. I do not know how to deal with this now. I have substantiation for my development, 360 degree feedback forms from colleagues who wanted to fill this in. I would love to hear from you! Kind regards,

Lawyer

Have the VSO checked by a specialized labor law attorney (member of a specialized association), e.g. me. Often the employer reimburses the associated costs. Also, at many law firms the first consultation is free, such as at my office. There is a lot to say about a VSO, but it is often better to assess the concept (transition payment, non-competition clause, compensation for unused vacation days, WW-proof? etc. etc.)

Lawyer

An improvement process must be set up and followed very precisely. The objectives and the consequences in the event of an unfavourable outcome of the improvement plan must be made known. The employer must have given you sufficient space to function at the desired level. An improvement process is usually only initiated once the employer has objectively determined that there is poor performance. I advise you not to agree to a proposal before you have spoken to a lawyer. You can contact me for further advice. The first conversation is without obligation.

Lawyer

If I were your employer, I would now be sitting with my buttocks together hoping that you would agree to the VSO. According to the Gatekeeper Act, much (more) must happen than what you describe in order to be allowed to dismiss an employee. If you agree to dismissal, you will also have to justify this to the UWV, after all, you must do everything you can to stay at work, just as your employer must help you to function well. The question is what outcome are you looking for, do you want to remain employed or do you want to seek your fortune elsewhere? As always, circumstances are all important, you will need to have your case assessed before you can get more than this general advice.