Written Warning in Dutch Employment Law
A schriftelijke waarschuwing (written warning) is a formal instrument under Dutch employment law that serves a dual purpose: it notifies the employee that their conduct or performance is unacceptable, and it creates a documented record that may later support dismissal proceedings. Although the Civil Code does not prescribe a mandatory warning procedure for every type of dismissal, Dutch courts and the UWV (Employee Insurance Agency) consistently require evidence of prior warnings before approving termination on grounds of culpable conduct or poor performance.
Under Boek 7 Titel 10 van het Burgerlijk Wetboek (Book 7 Title 10 of the Civil Code), an employer seeking dismissal must demonstrate a reasonable ground (redelijke grond) under Article 7:669 of the Dutch Civil Code. For grounds such as underperformance (the d-grond) or culpable conduct (the e-grond), the employer must show that the employee was clearly informed of the shortcomings and given a genuine opportunity to improve. A written warning is the primary evidence of such notification.
What a written warning must contain under Dutch law
To be effective in later proceedings, a written warning should include:
- A precise description of the behaviour or performance failure, with dates and specific incidents.
- A reference to the applicable workplace rule, policy, or job description.
- A clear statement that continuation will lead to further measures, up to and including dismissal.
- A reasonable timeframe within which improvement is expected.
- A request that the employee acknowledge receipt, either by signature or by email reply.
Courts have set aside dismissals where warnings were vague, where the employee was not given adequate time to improve, or where the warning was issued simultaneously with termination. A warning must be genuine, not a formality designed merely to manufacture grounds for dismissal.
Warnings and the dossier under Dutch employment law
A single written warning is rarely sufficient to support dismissal. Dutch courts expect a pattern of documented communication - see our page on dossier building and performance improvement plans. The warning must fit within a coherent sequence: informal feedback, formal warning, improvement plan, final warning, and only then termination. Skipping steps exposes the employer to reinstatement claims or large billijke vergoeding awards.
Employers in the Netherlands are advised to store all warnings in the personnel file and to ensure consistency: issuing a warning for conduct that was previously tolerated or that other employees engage in without consequence undermines the employer's position significantly. For guidance on the full dismissal process, see dismissal for poor performance or consult an employment lawyer in the Netherlands.
Dutch labour law does not restrict the range of disciplinary sanctions short of dismissal: warnings, fines, suspension with or without pay, denial of promotion, and transfer to another function are all available to the employer (Article 7:650 of the Dutch Civil Code on fines). Courts assess all such measures on the bona fides standard of Article 7:611 of the Dutch Civil Code, requiring that the sanction was proportional, that lesser measures were considered first, and that a fair procedure was followed before the sanction was imposed.