In Leiden, with its thriving university environment and temporary positions at Leiden University and the LUMC, strict rules apply to probation periods in temporary employment contracts. For contracts shorter than six months, the probation period is a maximum of one month, and for longer contracts, a maximum of two months, as stipulated in Article 7:667a of the Dutch Civil Code (BW). Exceeding this limit renders the probation period void with retroactive effect. This frequently applies to temporary agency workers engaged in research projects, seasonal work in Leiden’s city center, or flexible positions at local startups affiliated with the university.
Collective Labour Agreements (CAOs), such as the Temporary Agency Work CAO (Uitzend-CAO) applied by many Leiden-based temp agencies, may include deviating rules, but never exceeding the statutory limit. A void probation period prevents unilateral termination and triggers the chain provision: a maximum of three consecutive contracts within two years. Local temp agencies in the Leiden region often make mistakes in this regard, for example, when setting probation periods for short-term assignments at events on Pieterskerkplein, leading to claims at the subdistrict court (kantonrechter) in the Palace of Justice on Vondellaan. Employees thus retain dismissal protection and seniority accrual.
Advice for Leiden employers: correctly integrate the probation period into the Uitzend-CAO and explicitly state it in contracts for PhD candidates or temporary staff. Employees: review your contract upon commencement. In case of disputes, you can approach the subdistrict court in Leiden for a declaration of nullity. The Work and Security Act (Wet Werk en Zekerheid) has strengthened these protections for flexible workers in the region, particularly relevant for the academic and hospitality labor markets here.