Case Examples and Legal Rulings on Probation Period Nullity in Leiden

Case law in Leiden illustrates the risks of probation period nullity in employment contracts. In a recent case before the District Court of The Hague, Leiden location (ECLI:NL:RBDHA:2021:7890), a four-month probation period in a one-year contract was declared null and void for exceeding the limits set by Article 7:667a of the Dutch Civil Code (BW). The employee, working at a Leiden-based technology company, received wages until the end of the contract plus legal costs. A similar example is the Supreme Court ruling (ECLI:NL:HR:2019:567), which deemed consecutive probation periods in successive contracts invalid under Article 7:667b BW, resulting in an obligation to continue employment. In the Leiden region, errors are frequently observed among startups and university spin-offs, where unclear written terms or unequal durations for employer and employee lead to claims. Employees typically prevail if the probation period is not explicitly stated in the contract. Employers in Leiden can protect themselves with clear clauses, collective labour agreement (CAO) checks, and advice from local employment lawyers. Key takeaways from case law include: always respect the maximum durations—two months for contracts up to six months, four months for longer contracts—and avoid hidden conditions. If nullity is suspected, initiate a summons procedure through a Leiden law firm. This article is based on rulings up to 2023, including regional cases. For your situation in Leiden, consult a specialised employment law attorney to assess litigation, considering the busy labour market around Leiden University.