Restoration of Employment Conditions Following Void Probation Period in Utrecht

In Utrecht, a void probation period has immediate consequences for employment conditions, particularly in a dynamic labor market with many starters at Utrecht-based tech companies and universities. Clauses that applied exclusively during the probation period, such as lower salary or flexible schedules, are immediately nullified. From day one, the standard terms of the employment contract apply, including full salary, accrual of vacation days, and pension contributions. Article 7:667 of the Dutch Civil Code (BW) stipulates that a probation period may not deviate from the primary employment conditions. Case law from the Supreme Court, including recent rulings, confirms that back pay must be provided in cases of unfair probation period constructions. Employees in Utrecht can file a claim with the subdistrict court of the Midden-Nederland District Court for back payment and adjustment of conditions. Local employers, such as companies around Utrecht Science Park, must draft probation period clauses meticulously to avoid nullity—a common pitfall in collective labor agreements (CAOs) in the region. Practical advice for employees in Utrecht: gather evidence such as the signed employment contract, payslips, and any CAO references. In case of disputes, the Utrecht Legal Counter offers free initial advice, or a mediator can be engaged via the Utrecht Legal Counter. For full restoration, legal steps at the subdistrict court are often essential, leading to financial compensation and employment stability. In Utrecht cases, successful claims are more frequently seen due to swift action.