Consequences of Void Probation Period for Dismissal Protection in Utrecht

In Utrecht, where the labor market is vibrant with sectors such as government, technology, and education, a void probation period is a common pitfall for employers. When a probation period is declared void by the subdistrict court in Utrecht, the special dismissal rules that normally apply during the probation period no longer hold. The employee then enjoys full dismissal protection, as if the probation period never existed. This means that an employer cannot unilaterally dismiss an employee without reasonable grounds and without following the statutory procedure, such as obtaining a dismissal permit from the UWV office in Utrecht or initiating a procedure at the District Court of Midden-Nederland, subdistrict sector Utrecht. According to Article 7:668 of the Dutch Civil Code (Burgerlijk Wetboek), dismissal must comply with the general rules of the Civil Code. Recent cases at the Utrecht subdistrict court, including those involving local government institutions and universities, demonstrate that judges declare dismissals void and grant employees the right to continued payment of wages plus a transition allowance. Employees in Utrecht can invoke nullity if the probation period was too long—maximum two months for permanent contracts—or was not recorded in writing in the employment contract. Employers risk high compensation payments, particularly in a city with high wages and active trade unions such as FNV Utrecht. Local practice examples from the Utrecht region underscore the importance of accurate contracts. It is crucial to immediately review the employment contract in case of disputes. Advice: engage a Utrecht employment lawyer, for example via the Legal Counter Utrecht (Juridisch Loket Utrecht) or specialized firms around the Neude, to assert your rights and claim damages. This significantly strengthens your position in labor conflicts in the Domstad.