Dismissal During Probationary Period in Utrecht - Legal Rules and Rights
During the probationary period, both employer and employee in Utrecht can terminate the employment contract immediately without notice period. However, strict rules are laid down in article 7:652 of the Dutch Civil Code.
What Does Probationary Period Mean?
The probationary period is an initial phase of an employment contract in which both parties can evaluate whether the collaboration is satisfactory. This period must always be in writing recorded in the contract.
Maximum Length of the Probationary Period
| Contract duration | Maximum probationary period |
|---|---|
| Less than 6 months | No probationary period possible |
| Between 6 months and 2 years | Maximum 1 month |
| 2 years or longer / permanent contract | Maximum 2 months |
Legal Conditions
- Written agreement in the contract
- Identical duration for both parties
- Maximum length may not be exceeded
- Unique use - no new probationary period upon extension
Termination During Probationary Period
If a valid probationary period exists, the agreement can be terminated:
- Without notice period (immediately)
- Without approval of UWV or court
- Without right to transition payment
- Without mandatory reason
Important: Termination must always be in writing!
Prohibited Dismissal Reasons
Even during the probationary period, dismissal is prohibited on the basis of:
- Illness - The prohibition on dismissal also applies here
- Pregnancy or maternity leave
- Discrimination on the basis of age, gender, religion or origin
- Trade union membership
Invalid Probationary Period Agreements
If the probationary period is not correctly recorded, it is considered null and void:
- Standard dismissal rules then apply
- A notice period must be observed
- Possibly permission from the UWV is required
Unemployment Benefit After Probationary Dismissal
In case of dismissal by the employer during the probationary period, you are usually entitled to unemployment benefit, provided you meet the weekly requirement (at least 26 out of 36 weeks worked).
Practical Questions
Can I be ill during the probationary period?
Yes, and dismissal due to illness is not permitted during this period.
Does my employer have to provide a dismissal reason?
According to the law, this is not mandatory, but you may ask for an explanation.
Advice
For Employees in Utrecht
- Check if the probationary period is correctly stated in your agreement
- Take into account the maximum duration per contract type
- Ask for written confirmation upon dismissal
- Register immediately with the UWV for unemployment benefit
For Employers in Utrecht
- Ensure the probationary period is recorded in writing
- Comply with the maximum duration per contract type
- No probationary period for agreements shorter than 6 months
- Always terminate in writing
Legal basis: Article 7:652 Dutch Civil Code
Local information: For legal assistance in Utrecht, you can go to the Juridisch Loket Utrecht, Catharijnesingel 55, or submit cases to the Rechtbank Midden-Nederland, Vrouwe Justitiaplein 1.