Dossier Building (Dossieropbouw) in Dutch Employment Law
Dossieropbouw - the systematic construction of a personnel file documenting performance issues, conduct problems, and corrective measures - is a prerequisite for almost every contested dismissal in the Netherlands. Dutch employment law places the burden of proof squarely on the employer: to obtain UWV permission or court dissolution of a contract, the employer must produce contemporaneous documentary evidence demonstrating a reasonable dismissal ground under Article 7:669 of the Dutch Civil Code. Without an adequate dossier, even legitimate grounds for dismissal will fail.
The concept of dossieropbouw is not explicitly defined in statute, but flows from the general requirements of Articles 7:669 and 7:671b BW and from decades of Dutch case law. Courts examine not only whether documented evidence exists, but whether the documentation was created in good faith at the time events occurred - not reconstructed after the employer had already decided to terminate.
What the dossier must contain under Dutch employment law
- Job description and performance standards: The baseline against which performance or conduct is measured.
- Contemporaneous performance reviews (beoordelingsgesprekken): Formal appraisals, ideally annual, documenting progress against targets.
- Records of informal feedback: Emails, meeting notes from one-on-one conversations in which concerns were raised.
- Formal warnings (schriftelijke waarschuwingen): Documented notices that performance or conduct is unacceptable and must improve.
- Improvement plan documentation (verbetertraject): The plan itself, all review meetings, and the final evaluation.
- Any relevant third-party reports: Customer complaints, audit findings, or medical information (handled under the AVG).
AVG (GDPR) Obligations
Personnel files constitute processing of personal data under the Algemene verordening gegevensbescherming (AVG/GDPR). Employers must retain only data that is adequate, relevant, and not excessive. Health data may only be held by the company doctor (bedrijfsarts), not by HR. Employees have the right to inspect their personnel file under both the AVG and the principle of goed werkgeverschap (Article 7:611 of the Dutch Civil Code). See our dedicated pages on employee data protection and employee privacy under the AVG.
For the full dismissal procedure, see dismissal for poor performance, written warnings, and performance improvement plans. An employment lawyer in the Netherlands can audit your dossier before you initiate proceedings.
Under Dutch disciplinary practice, all sanctions - including merely placing a note in the personnel file - may be challenged by the employee on the bona fides principle of Article 7:611 of the Dutch Civil Code. The Supreme Court has ruled that even sanctions with a written contractual basis will be reviewed by courts, which will check proportionality, whether a proper procedure was followed, and whether comparable cases were treated consistently by the employer.