Quiet quitting: how Dutch employers can respond lawfully

You cannot dismiss an employee for quiet quitting as such: an employee who does exactly what the contract requires is not in breach. Only when the behaviour turns into clear underperformance, and you have given a genuine chance to improve, can the subdistrict court (kantonrechter) dissolve the contract on the ground of unsuitability.

The best response is therefore a conversation, not a sanction. As an employer you are bound to act as a good employer (goed werkgeverschap) under Article 7:611 of the Dutch Civil Code (BW). That duty, and your general obligations under Dutch employment law, shape every step described below.

What does quiet quitting mean under Dutch employment law?

Quiet quitting is not a legal term. It describes an employee who still performs the agreed work, but no longer shows initiative or goes beyond what the contract requires.

From a legal point of view, that employee is usually not doing anything wrong. The employment contract sets out the agreed work and working hours, and an employee who delivers that is fulfilling the contract. Enthusiasm and extra effort are welcome, but you cannot enforce them.

Could it be a health issue?

Yes, and you should keep that possibility in mind from the start. Withdrawal can be an early sign of stress or burnout. In that case, you are dealing with a possible sickness case, not with a performance issue.

You may not ask about the nature of an illness yourself; that is a matter for the company doctor (bedrijfsarts). If you suspect health problems, suggest that the employee contacts the company doctor or arrange a consultation. Our article on the thin line between a sick employee and a quiet quitter discusses this in more detail.

How do you find out why an employee has disengaged?

Look for the cause before you decide what to do. Disengagement is nearly always a reaction to something in the work or the working environment, and assuming laziness is rarely accurate or helpful.

Ask yourself a few honest questions first. Does the employee have a clear path for growth? Are good results recognised? Are the tasks and priorities clear, or does the employee receive conflicting instructions from different managers? Sometimes the job simply no longer matches what the employee expected when they joined.

Often the cause lies partly with management, communication or culture. Anonymous staff surveys and exit interviews can help you see whether the problem is individual or more widespread. That insight allows you to fix the underlying issue instead of focusing on one employee.

How should you start the conversation?

Talk about concrete, observable behaviour and ask open questions. Do not label the employee as a quiet quitter; describe what you have noticed and show that you want to understand it.

Start with a neutral observation, for example less input in team meetings, and ask how things are going. Listen more than you speak, and agree on a follow-up date.

Write a short summary of the conversation and send it to the employee. That is not about building a case at this stage; it simply prevents misunderstandings. Our article on employers’ rights and obligations explains what you may and may not expect from employees.

When does disengagement become a performance issue?

It becomes a performance issue when the employee no longer meets clear, agreed standards. Doing only what is required is not enough; missing deadlines or failing to complete assigned tasks is.

The table below separates signs to raise in a conversation from documented problems that may justify a formal process under Article 7:669 BW.

How do you set up an improvement plan that holds up?

An improvement plan (verbeterplan, often called a PIP) should give the employee a real chance to improve, with concrete goals, support and a realistic timeline. A plan that is designed to fail will not help you in court.

Use an improvement plan only when conversations have not helped and the work itself is suffering. Present it as a joint plan to get back on track, not as the first step towards dismissal. Courts look closely at whether the employer genuinely tried to help.

A sound plan records at least the following:

• the specific shortcomings, with examples, and no general judgments about attitude;
• measurable goals that describe what good performance looks like;
• the support you offer, such as training, coaching or a mentor;
• the duration, usually several months, and the dates of interim reviews.

Discuss the plan with the employee, invite comments and record the outcome of each review in writing. Give honest feedback during the process: an employee who hears for the first time at the final meeting that things are not going well has not had a fair chance.

What if the employee refuses to cooperate?

An employee must act as a good employee (goed werknemer) and follow reasonable instructions, which includes taking part in a fair improvement plan. A refusal without good reason can therefore have consequences.

Put the refusal on record and ask the employee in writing to explain it. If the employee maintains the refusal, you can give a formal written warning that states what you expect and what may happen if nothing changes. Persistent refusal of reasonable instructions may in time support dismissal on the ground of culpable conduct (verwijtbaar handelen) under Article 7:669(3)(e) BW. That is a serious step that requires a careful file.

Can you reduce the employee’s responsibilities?

Only with great care. A significant change to the agreed work usually requires the employee’s consent, unless the contract contains a unilateral amendment clause and you have a weighty interest (Article 7:613 BW).

A change in tasks can be a good solution if you agree on it together, for example to bring the role back in line with the employee’s strengths. Imposing it as a punishment is risky. The employee can ask the court to order you to restore the original duties, and a unilateral demotion can also count against you as a good employer in a later dismissal case.

Where the relationship has become strained, an independent mediator can help. Our article on mediation in Dutch employment disputes explains how that works.

How can you prevent quiet quitting?

Prevention works better than any procedure. Employees who see purpose in their work, receive recognition and see a future in the organisation rarely withdraw.

Under Article 3(2) of the Working Conditions Act (Arbeidsomstandighedenwet) you must have a policy to prevent and limit psychosocial workload, such as excessive work pressure. Train managers to give feedback and recognise good work, and hold regular career conversations that are separate from the annual performance review.

What if the employee reports sick during the process?

Then the sickness takes priority. The improvement plan is put on hold, and you follow the rules on sickness absence and reintegration until the employee has recovered.

Report the absence to the company doctor or occupational health service in good time. Under the Gatekeeper Improvement Act (Wet verbetering poortwachter), you and the employee must work together on a return to work, with a problem analysis and a plan of action. During the first two years of sickness, a prohibition of termination applies (Article 7:670 BW): the court will not dissolve the contract for unsuitability if the request is related to the sickness.

Some employers suspect that a sick report is a response to the improvement plan. Even then, you may not draw your own conclusions about the employee’s health. Ask the company doctor for advice on what the employee can still do. If the doctor concludes that the absence is mainly caused by a conflict at work, the advice may be to hold a conversation or start mediation, and you should follow that advice.

Once the employee has recovered, you can resume the improvement plan. Adjust the timeline so that the employee still has the full opportunity to improve. A plan that simply continues as if nothing has happened will be viewed critically by the court.

Does it matter if the employee has a fixed-term contract?

Yes. A fixed-term contract ends automatically on the agreed date, so you do not need a dismissal ground if you decide not to renew it. You must, however, inform the employee in writing in good time.

For a contract of six months or longer, Article 7:668 BW requires you to tell the employee in writing, at least one month before the end date, whether the contract will be continued and on what terms. If you fail to do this, you owe the employee compensation of up to one month’s salary. A decision not to renew must not be discriminatory, for example related to pregnancy or sickness.

Can you withhold a pay rise or bonus?

That depends on the agreements. You may not reduce the agreed salary without the employee’s consent. A pay rise or bonus that depends on performance may be withheld if the scheme links it to clear, objective criteria and those criteria are not met.

Check the employment contract, any collective labour agreement (cao) and your staff handbook. If the pay rise is automatic under the cao, you cannot withhold it because of disengagement. Applying a performance-related scheme fairly and consistently to all employees protects you against claims of unequal treatment.

What should your file contain if things do not improve?

If dismissal ever becomes an option, you must prove the underperformance and your efforts to help. That requires a complete, dated and objective file (dossieropbouw), built up during the process and not afterwards.

The burden of proof lies with the employer. A good file includes dated notes of all conversations, the emails in which you summarised them, the improvement plan itself and the reports of the interim reviews. Ideally, the employee has seen and commented on these documents. A file that consists mainly of opinions, or that was put together in a few weeks, rarely persuades a court.

A formal written warning belongs in the file as well. It should describe the specific shortcomings with reference to the goals of the plan, state that it is an official warning and explain that continued underperformance may lead to dismissal.

When can you dismiss an employee for underperformance?

Only through the subdistrict court (kantonrechter), not through the UWV. The court can dissolve the employment contract for unsuitability (disfunctioneren) under Article 7:669(3)(d) BW if you meet strict requirements.

The UWV only deals with dismissals for economic reasons and after long-term sickness. For underperformance, you file a petition with the subdistrict court. The court will check that:

• the employee is unsuitable for the job, for reasons other than sickness or disability;
• you informed the employee of this in good time;
• you gave the employee sufficient opportunity to improve;
• the underperformance is not caused by a lack of training or poor working conditions;
• redeployment in another suitable position is not possible or not reasonable (Article 7:669(1) BW).

If one of these requirements is not met, the court will refuse the request. Since 2020, the court can also combine grounds that are each not fully met (Article 7:669(3)(i) BW), but you still need a solid file for each of them. If the court dissolves the contract, the employee is usually entitled to the transition payment (transitievergoeding) under Article 7:673 BW. If you acted seriously culpably, the court can award additional fair compensation (billijke vergoeding).

In practice, many employers and employees end the relationship by mutual consent with a settlement agreement (vaststellingsovereenkomst). That is often quicker, but the employee is not obliged to agree. A good improvement process makes such a discussion easier, because both parties can see where things stand.

The text of Article 7:669 BW can be found in Book 7 of the Dutch Civil Code. The government also explains the grounds for dismissal on its page about dismissal.

What should you check as an employer?

• Check whether the employee actually falls short of the agreed work, or only stopped doing extra.
• Rule out sickness through the company doctor before you start a performance process.
• Record every conversation in a dated summary that you send to the employee.
• Make the goals of the improvement plan measurable and give support and several months to improve.
• For a fixed-term contract of six months or longer, send the written notice under Article 7:668 BW at least one month before the end date.

What should you check as an employee?

• Check what your contract, job description and cao actually require of you.
• Respond in writing to summaries, warnings and the improvement plan if you disagree.
• Report health problems to the company doctor; your employer may not ask about the nature of an illness.
• Check whether the improvement plan gives you a real chance, with support and a realistic timeline.
• Have a settlement agreement (vaststellingsovereenkomst) reviewed before you sign; you have a 14-day cooling-off period.

What can we do for you with quiet quitting and underperformance?

Our employment lawyers advise employers and employees on performance problems and dismissal.

• We review your file and assess whether it meets the requirements of Article 7:669(3)(d) BW.
• We draft an improvement plan, a conversation summary or a formal written warning.
• We assess whether a change of duties is allowed under Article 7:613 BW.
• We draft or review a settlement agreement and calculate the transition payment.
• We file or defend a dissolution request at the subdistrict court.

Summary

• Quiet quitting is not a ground for dismissal: an employee who does the agreed work is not in breach of contract.
• Start with an open conversation about observable behaviour, and rule out health problems with the help of the company doctor.
• If performance falls below agreed standards, use a fair improvement plan with measurable goals, support and a realistic timeline.
• Dismissal for underperformance runs through the subdistrict court under Article 7:669(3)(d) BW, not through the UWV, and requires a complete file.
• Prevention through good management, recognition and career perspective is more effective than any procedure.

Frequently asked questions