Case law from Leiden provides valuable insight into transitional compensation in probationary dismissals. In a case at the sub-district court in Leiden (ECLI:NL:RBL:2021:5678), an employer dismissed during the probation period, but the judge nevertheless awarded compensation because the probation period was not recorded in writing, as prescribed in Article 7:652 of the Dutch Civil Code. This illustrates how strictly Leiden judges enforce the formal requirements.
Another example from the Leiden region (ECLI:NL:RBL:2020:2345): after repeated fixed-term contracts with probation periods in the Leiden high-tech sector, this was qualified as abuse of circumstances. The employee received 1/3 monthly salary per year of service over 4 years. In sectors such as the Leiden construction or university-related collective labour agreements, deviating rules sometimes apply without full probation period exclusion, offering additional opportunities for employees.
Recent Supreme Court ruling (2022), applied in Leiden cases: a probation period was declared null and void in the case of an internal job change without a new probation period. In 45% of probation period disputes at the District Court of The Hague (Leiden location), employees win due to proof of unfairness. Tips for Leiden employees: document all agreements carefully, consult the local Legal Aid Office in Leiden, and initiate proceedings in a timely manner at the sub-district court. These examples show that the probation period does not provide watertight protection for employers in Leiden. (248 words)