The Employee Letter of Concern is a crucial document in Dutch employment practice, serving as a formal written warning and documentation of workplace issues. It is typically used when verbal warnings have not resulted in desired improvements or when the severity of an issue requires immediate formal documentation. The letter must comply with Dutch labor laws, including the Dutch Civil Code (Burgerlijk Wetboek) and relevant workplace regulations. It forms part of the employee's personnel file and may be referenced in future employment decisions or legal proceedings. The document should be specific, factual, and constructive, outlining clear expectations and improvement paths while protecting both employer and employee rights under Dutch law. Proper implementation of an Employee Letter of Concern requires careful consideration of privacy regulations (GDPR), potential involvement of works councils, and adherence to any applicable collective labor agreements (CAOs).
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1. Header Information: Company letterhead, date, employee's name and contact details, and subject line clearly stating 'Letter of Concern'
2. Specific Issue Description: Clear and factual description of the problem behavior or performance issue, including specific incidents with dates and examples
3. Previous Communications: Reference to any verbal warnings, previous discussions, or other attempts to address the issue
4. Impact Statement: Explanation of how the behavior or performance issue affects the workplace, team, or company
5. Expected Standards: Clear outline of the company's expectations and required standards of performance or behavior
6. Improvement Plan: Specific actions the employee needs to take to improve and meet expectations
7. Timeline and Review Period: Clear timeline for expected improvement and when progress will be reviewed
8. Consequences: Statement of potential consequences if improvement is not achieved
9. Support Resources: Information about available support, training, or resources to help the employee improve
10. Closing: Invitation for discussion and signature requirements
1. Performance History: Include when there is a pattern of behavior or performance issues that needs to be documented
2. Company Policy Reference: Include when the concern relates to specific violations of company policies
3. Union Representative Notice: Include when the employee is covered by a collective labor agreement or has union representation
4. Medical Accommodation: Include when the performance issues might be related to health or medical conditions that require consideration
5. External Factors: Include when acknowledging external circumstances that may have contributed to the situation but still require addressing
1. Performance Improvement Plan: Detailed plan with specific goals, metrics, and timelines for improvement
2. Incident Reports: Copies of relevant incident reports or documentation of specific instances
3. Meeting Notes: Records of previous discussions or counseling sessions related to the issue
4. Relevant Policies: Copies of specific company policies or procedures that have been violated
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