Probation Period Nullity in Leiden: Rules and Consequences

Probation Period Nullity in Leiden: Rules and Consequences

A **probation period nullity** means that the probation period in your employment contract is legally invalid. This often arises if the probation period does not meet the statutory conditions or is unfairly structured. The probation period then loses its effect, and the standard rules of the **employment contract** come into force. This affects dismissal procedures, salary and employment conditions in the Leiden region.

When does the District Court of The Hague, Leiden Location, declare a probation period null and void?

On the basis of the **Dutch Civil Code** (Article 7:667a DCC), a probation period for contracts shorter than **six months** is maximum **one month**. For longer contracts, a limit of **two months** applies. Exceeding this makes the probation period **null and void**. The District Court of The Hague, Leiden Location, applies these rules strictly.

Statutory basis

Important provisions are:

• Article 7:667a DCC: Duration restriction of probation period.
• Article 7:667b DCC: Prohibition of extension or repetition.
• Article 7:667c DCC: Written inclusion mandatory.

Reasons for nullity

Possible situations:

• Exceeding duration: Three months probation period for a one-year contract is null and void (max. two months).
• No written recording: Oral agreements do not count.
• Misleading use: Probation period despite known suitability.
• Extension or repetition: Contrary to the law.

Examples from practice around Leiden

For a nine-month contract with three months probation period, the law shortens this to two months. The extra period lapses automatically.

Oral probation period of one month without mention in the contract? Then no dismissal right without reason for the employer.

Rights and obligations in case of nullity

In case of nullity:

Employee rights

• Dismissal protection: Employer must demonstrate **reasonable ground**.
• Notice period: Follows contract or **CBA**.
• Compensation: Possible **claim for damages** in case of wrongful dismissal.

Employer obligations

• Accept nullity: Adjust contract.
• Fair treatment: No excessive pressure.
• Duty to inform: Provide clear explanation.

Actions in case of null probation period in Leiden

Take these steps:

1. Check your contract for statutory compliance.
2. Put problems in writing to your employer.
3. Seek free advice from the Juridisch Loket Leiden, Stationsweg 46, 2311 CH Leiden (tel: 0900-8020 or online appointment).
4. Go to the District Court of The Hague, Leiden Location, President Hamerlaan 99, 2313 JZ Leiden, for proceedings (via registry or lawyer).
5. Consider mediation via the Juridisch Loket for a quick solution.

Note: Always consult a professional for personal advice. This information is general and not legal advice.