In Utrecht, where the labor market is vibrant with sectors such as tech and government, no transition compensation is normally due upon termination during the probationary period. However, there are crucial exceptions. According to Article 7:673(7) of the Dutch Civil Code (BW), the exclusion does not apply if Utrecht-based employers misuse the probationary period, for example, to evade transition compensation in cases of long-term employment. At the District Court of Midden-Nederland in Utrecht, judges frequently encounter this: a probationary period exceeding the maximum of 2 months for permanent contracts entitles the employee to compensation.
Employment judges in Utrecht rigorously assess misuse, such as offering a new contract with a probationary period after previous temporary positions with the same employer in the city. In cases of sham constructions, discrimination, or unfair dismissal during the probationary period, the Utrecht employment judge may impose the compensation. Practical example from Utrecht: an employee with 5 years of service at a local tech company was given a new contract with a probationary period; the judge ruled it a sham probationary period and awarded €8,500, taking Utrecht wage levels into account.
Employees in Utrecht must file an objection with the employment judge at the Europalaan within 2 months of dismissal. Evidence such as emails, WhatsApp messages, or testimonies from Utrecht colleagues is essential. Local tip: engage a lawyer through the Utrecht Legal Counter (Juridisch Loket) or employment law firms around the Neude to review your contract and avoid risks. (212 words)