For a small business, staff issues don’t stay theoretical for long. They show up in late invoices, disrupted planning, client complaints, and hours of admin you didn’t budget for. When an employee starts slipping, most owners assume there’s a simple ladder to climb: a chat, then a warning, then two more, and only then consequences. Dutch law doesn’t work like that, and believing it does can quietly turn into an expensive mistake.
There is no “three strikes” rule in the Netherlands. What matters is not how many warnings you give, but whether each step is properly documented and fair. Courts and the UWV, the public body that handles dismissal permits, don’t look at your intentions or your memory. They look at paper. A verbal warning may feel constructive, but legally it barely exists. A written warning, done correctly, is what counts.
“Correctly” sounds heavier than it is. An official warning must describe a specific, provable issue, not a mood or a feeling. “Poor attitude” goes nowhere; “missed three client meetings without notice” does. Before issuing it, you must hear the employee’s side. This is called wederhoor, the right to be heard, and it’s a basic Dutch principle. It can be a simple conversation, but it must happen, and it must be recorded. Skip this step and the warning weakens instantly.
Since 2020, warnings have become even more important. The law now allows dismissal based on a combination of smaller issues, the cumulatiegrond. One warning rarely justifies termination, but several well-documented ones can form a solid pattern. This cuts both ways. If your records are clear and consistent, you keep control. If they’re vague or uneven one employee warned, another quietly tolerated, you lose leverage, often at the exact moment salary costs are still running.
I’ve seen this play out in very ordinary settings. A small firm with a capable employee who kept arriving late. Conversations happened, but nothing was written down. When the situation escalated, the employer assumed those talks would count. They didn’t. The business ended up negotiating a costly exit simply because the trail was thin. Not because the issue wasn’t real, but because it wasn’t recorded.
There’s a human side to this too. Employees should respond in writing to an official warning, even if they agree with it. Otherwise the file becomes one-sided. A short written response, acknowledging receipt, adding context if needed, keeps the record balanced and prevents future disputes from hardening unnecessarily.
Good warning systems aren’t about punishment. They’re about clarity. State what happened, what rule applies, what could happen next, and how long the warning stays relevant. For most small businesses, that’s a one- or two-year period. After that, if nothing repeats, it should fade. This protects trust on both sides.
In a tight labour market, replacing people is slow and costly. That makes structure more valuable, not less. A calm, written process gives you room to improve a situation, or to end it, without drama or surprises. It’s cheaper to get the paperwork right early than to discover the gaps later, while the salary meter keeps running.
