In Leiden, where many university employees and starters work at companies such as Leiden University or local tech firms, normally no transitional compensation is due upon termination during the probationary period. However, there are crucial exceptions. According to Article 7:673(7) of the Dutch Civil Code (BW), the exclusion does not apply if the employer unlawfully uses the probationary period, for example to avoid transitional compensation in the case of long-term employment. At the District Court of Leiden, we often see cases where the probationary period lasts longer than permitted (maximum 2 months for indefinite-term contracts), entitling employees to the compensation.
Leiden judges strictly scrutinize abuse, such as entering into a new fixed-term contract with a probationary period after previous employment with the same employer. In such sham arrangements, the district court awards the transitional compensation. Also in cases of discrimination or unfair dismissal during the probationary period, for example in the thriving Leiden hospitality or academic sector, the judge may intervene. Practical example from Leiden: a researcher with 5 years of service at a university department received a new contract with a probationary period; upon dismissal, the District Court of Leiden ruled that this was a sham probationary period and awarded €8,000, taking into account local salary structures.
Employees in Leiden must file an objection with the District Court at Vondelpad within 2 months after dismissal. Proof of abuse is essential, such as emails, contract copies or witness statements from colleagues. Advice: engage a local lawyer in Leiden, such as via the Juridisch Loket in the city centre, to have your contract reviewed and avoid risks. This way you protect your rights in the competitive Leiden labour market. (248 words)