Probationary Period in the Employment Contract
A probationary clause provides both employer and employee the opportunity to determine whether the collaboration is satisfactory.
Legal Requirements
- Must be recorded in writing
- Must be identical for both parties
- Maximum duration depends on the length of the contract
Maximum Length of Probationary Period
| Type of Contract | Probationary Period |
|---|---|
| Shorter than 6 months | Not permitted |
| Between 6 months and 2 years | Maximum 1 month |
| 2 years or longer / indefinite term | Maximum 2 months |
Invalid Probationary Period
If the probationary clause does not meet the legal requirements, it is invalid and the parties fall back on the standard dismissal rules.
No Probationary Period upon Contract Extension
Upon extension of an employment contract, no new probationary period may be included.
Termination during Probationary Period
With a valid probationary clause, the agreement can be terminated immediately, without notice period or right to transition payment.
Legal basis: Article 7:652 BW
Frequently Asked Questions about Employment Law
What are my rights as an employee in Utrecht?
You are entitled to a safe workplace, minimum wage, paid leave, and protection against discrimination or unfair treatment.
Can my employer dismiss me without reason?
No, dismissal often requires approval from the UWV and must be based on valid reasons. Prior warnings are usually necessary.
How many paid vacation days do I get?
You are entitled to at least 20 paid vacation days per year, unless otherwise agreed in your contract. Taking leave must be possible upon request.
What is a collective labour agreement (cao) and what does it mean for me?
A cao (collective labour agreement) contains agreements between employers and trade unions on matters such as salary, working hours, and employment conditions.
What should I do if I am ill?
In case of illness, you must immediately inform your employer. You are entitled to continued payment of salary during the first two years of sick leave.
Legal Assistance in Utrecht
For legal advice on probationary periods and other employment matters, you can go to the Juridisch Loket Utrecht at Catharijnesingel 55. In addition, the Rechtbank Midden-Nederland, located at Vrouwe Justitiaplein 1, handles employment disputes in the region.
Summary
The probationary period in the employment contract is a crucial part of Dutch employment law. Both employers and employees must comply with specific rules and obligations. Non-compliance with these rules can have legal consequences.
Key Points
- Probationary period rules fall under the Dutch Civil Code
- Rights and obligations apply to both parties
- Breach of rules can lead to legal problems
- In case of doubt, it is advisable to seek legal advice
- Clarity and good agreements prevent conflicts