Probation Period in Fixed-Term Employment Contracts Utrecht

In Utrecht, with its thriving labor market full of temporary employment agencies around the city center and universities such as Utrecht University (UU), strict rules apply to probation periods in fixed-term employment contracts. For contracts shorter than six months, the probation period may not exceed one month, and for longer contracts, it may not exceed two months, as stipulated in Article 7:667a of the Dutch Civil Code (BW). A violation renders the probation period null and void with retroactive effect. This issue frequently arises for temporary workers in Utrecht’s hospitality sector, logistics at the Jaarbeurs, or seasonal work during events like Utrecht Canal Pride. Collective Labor Agreements (CAOs), such as the Utrecht Temporary Employment CAO, may include deviating rules, but never longer than prescribed by law. A nullified probation period prevents unilateral termination and triggers the chain provision: a maximum of three consecutive contracts within two years. Local temporary employment agencies in districts like Kanaleneiland or Overvecht often make mistakes in this regard, leading to claims at the Utrecht subdistrict court (kantonrechter). For example, a probation period in a biweekly contract for festival staff is always null and void. This ensures employees retain dismissal protection and seniority accrual. Advice for Utrecht employers: correctly integrate the probation period into the Temporary Employment CAO and explicitly state it in contracts for jobs in healthcare or retail. Employees: review your contract upon commencement. In case of disputes, you can approach the subdistrict court at Catharijnesingel for a declaration of nullity. The Work and Security Act (Wet Werk en Zekerheid) strengthens these rights, particularly for flexible workers in the Utrecht region. This effectively protects vulnerable workers in our dynamic city.