From 1 July 2015, you cannot dismiss an employee until you can show a solid file. File building takes time. So don't wait until 1 July 2015, get started now.
Review framework for dismissal
If you want to dismiss a dysfunctional employee, a strict assessment framework will apply from 1 July 2015. The dysfunction must not be due to a lack of attention to training and working conditions on your part. In addition, an improvement process must have been completed, which has also been monitored and evaluated at regular intervals. If necessary, the employee must have been supported by coaching or training during this process. Furthermore, the personnel file must contain written reports of interviews conducted and agreements made as part of the improvement process.
Dissolution new style
If you want to dismiss a non-functioning employee, from 1 July 2015 you will have to go to the subdistrict court to have the employment contract dissolved. The subdistrict court must assess whether you have properly completed all the mentioned process steps. If this is not the case, the subdistrict court will not proceed with dissolution. You will then be sent back home to do your homework - i.e. build a solid file - again.
Reimbursement
If the court dissolves an employment contract with a duration of at least two years, an employee will be entitled to a transition allowance as a starting point (the subdistrict court formula will be abolished from 1 July 2015). The latter does not apply if there are serious culpable actions or negligence by the employee.
Tip: Start working on your dossier construction now. Only if you can prove that you have done everything possible to improve your employee's performance will the subdistrict court be able to dissolve your employee's employment contract from 1 July 2015.