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Dismissal During Probationary Period - Statutory Rules and Your Rights in Leiden

Discover the rules and rights surrounding dismissal during the probationary period in Leiden. Learn about statutory conditions, maximum duration, and local legal support.

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Dismissal During Probationary Period - Statutory Rules and Your Rights in Leiden

During the probationary period, both employer and employee can terminate the employment contract immediately without notice period. However, pursuant to Article 7:652 of the Dutch Civil Code (BW), strict rules apply.

Definition of Probationary Period

The probationary period is an initial phase of an employment contract in which both parties can determine whether the collaboration is satisfactory. This period must always be in writing recorded in the contract.

Maximum Length of the Probationary Period

Contract durationMaximum probationary period
Less than 6 monthsNo probationary period possible
6 months to 2 yearsMaximum 1 month
2 years or longer / indefinite termMaximum 2 months

Statutory Conditions

  • Written agreement in the contract
  • Identical duration for both parties
  • Maximum length not exceeded
  • One-time use - no new probationary period upon extension

Termination During Probationary Period

If a valid probationary period exists, the agreement can be terminated:

  • Without notice period (immediately)
  • Without approval of the Employee Insurance Agency (UWV) or district court
  • Without entitlement to transition payment
  • Without mandatory reason

Important: Termination must always take place in writing!

Dismissal Reasons Not Permitted

Even during the probationary period, dismissal for the following reasons is prohibited:

  • Illness - The prohibition on dismissal also applies here
  • Pregnancy or maternity leave
  • Discrimination based on age, gender, religion, or origin
  • Membership of a trade union

Invalid Probationary Period

If the probationary period is not correctly recorded, it is considered invalid:

  • Standard dismissal rules then apply
  • A notice period must be observed
  • Sometimes approval of the UWV is required

Unemployment Benefit (WW) After Probationary Dismissal

In the event of dismissal by the employer during the probationary period, you are generally entitled to unemployment benefit (WW), provided you meet the weekly requirement (at least 26 out of 36 weeks worked).

Frequently Asked Questions about Probationary Period in Leiden

Can I be dismissed if I am ill during the probationary period?

No, dismissal due to illness is not permitted even during the probationary period.

Does my employer have to provide a reason for dismissal?

According to the law, this is not mandatory, but you can ask for an explanation.

Advice for Leiden

For Employees

  1. Ensure the probationary period is correctly included in your contract
  2. Check the permitted duration per contract type
  3. Request written confirmation upon dismissal
  4. Register immediately with the UWV for unemployment benefit

For Employers

  1. Always put the probationary period in writing in the contract
  2. Comply with the maximum duration per contract type
  3. No probationary period for agreements shorter than 6 months
  4. Always terminate in writing

Statutory basis: Article 7:652 Dutch Civil Code

Local information: For legal support in Leiden, you can go to the Juridisch Loket Leiden, Stationsweg 46, or submit cases to the District Court of The Hague, Leiden location.