Probationary Period in the Employment Contract
A probationary clause provides both employer and employee the opportunity to determine whether the collaboration is satisfactory.
Statutory Requirements
- Written agreement is mandatory
- Equal duration for both parties
- Maximum length depends on the contract duration
Maximum Length of Probationary Period
| Type of Contract | Probationary Period |
|---|---|
| Shorter than 6 months | Not permitted |
| 6 months to 2 years | Maximum 1 month |
| 2 years or longer / indefinite term | Maximum 2 months |
Invalid Probationary Period
If the probationary clause does not comply with the law, it is invalid and standard dismissal rules apply.
No Probationary Period upon Contract Extension
Upon extension of an employment contract, no new probationary period may be included.
Termination during Probationary Period
With a valid probationary clause, the agreement can be terminated immediately, without notice period or right to transition payment.
Statutory basis: Article 7:652 BW
Frequently Asked Questions about Probationary Period
What are my rights as an employee in Leiden?
You are entitled to a safe workplace, minimum wage, paid leave, and protection against discrimination or unequal treatment.
Can an employer dismiss me without reason?
No, dismissal often requires approval from the UWV and must be based on reasonable grounds. Prior warnings are necessary.
How many paid vacation days am I entitled to?
At least 20 paid vacation days per year, unless otherwise stipulated in your contract. These must be granted upon request.
What is a collective labour agreement (cao) and what does it mean for me?
A cao (collective labour agreement) includes agreements between employers and trade unions on salary, working hours, and other employment conditions.
What should I do in case of illness?
In case of illness, you must immediately inform your employer. You are entitled to continued salary payment during the first two years of sick leave.
Legal Assistance in Leiden
For legal advice, you can contact Juridisch Loket Leiden, located at Stationsweg 46. For cases going to court, the District Court of The Hague, Leiden location has jurisdiction.
Summary
The probationary period is an essential part of Dutch employment law. Both employers and employees must comply with specific rules and obligations. Non-compliance can have legal consequences.
Key Points
- Probationary period is laid down in the Dutch Civil Code
- Both parties have rights and obligations
- Breach of rules can lead to legal issues
- In case of doubt, it is advisable to seek legal advice
- Clarity and good agreements prevent conflicts