Probni rok u Nizozemskoj: koliko traje i kako završava?

A probation period (proeftijd) in the Netherlands may last at most two months, and only one month for a fixed-term contract shorter than two years; a fixed-term contract of six months or less may not have a probation period at all. A clause that breaks these rules, such as a 90-day trial, is void, and the employee then has full dismissal protection from day one.

The rules are in Article 7:652 of the Dutch Civil Code (BW). This article explains the maximum periods, when a clause is void, how termination during probation works and what the employee is still owed.

How long may a probation period be?

The maximum depends on the type and length of the contract. A collective labour agreement (CAO) can extend the one-month maximum to two months, but never beyond that.

The period cannot be extended. Sickness, holiday or leave do not pause it: the end date fixed at the start is final.

When is a probation clause valid?

A probation clause only has effect if it is agreed in writing, before the employment starts, and has the same length for both parties. It can be in the individual contract or in an applicable CAO.

An oral agreement about a trial period has no legal effect. A clause in which the employer reserves two months for itself and gives the employee one month is void, because Article 7:652 BW requires equal length.

Is a 90-day probation period valid?

No. A clause of three months, 90 days or twelve weeks does not shrink to the lawful two months; it is void as a whole. The same applies to a one-month clause in a five-month contract.

Employers who use contract templates from other countries make this mistake regularly. The defect only becomes visible when the employer relies on the clause, and then there is no fallback.

What happens if the probation clause is void?

A void clause is treated as never agreed. The employee is protected by the ordinary dismissal rules from the first day, and a termination “during probation” is a notice the employer was not entitled to give.

The employee can then ask the subdistrict court (kantonrechter) to annul the termination and order continued payment of salary, or claim fair compensation instead. This request must be filed within two months of the day the employment ended. For the employer, the risk is a continuing salary obligation for a contract that has not lawfully ended.

How does termination during the probation period work?

Under Article 7:676 BW either party can end the contract with immediate effect during a valid probation period. No permission from the UWV or the court is needed, no notice period applies and no reason has to be given at that moment.

The notice must be given within the probation period itself. Notice on the last day is effective; notice the next morning is not, and then the ordinary dismissal rules apply. An employee can also leave immediately, without notice and without giving a reason.

If the employer terminates, the employee can ask for the reason, and the employer must then give it in writing. That written reason is the starting point for any claim. See our article on otkaz tijekom probnog roka za postupak.

Is a transition payment owed after a probation dismissal?

Yes. Since 1 January 2020 the transition payment (transitievergoeding) is owed from the first day of employment when the employer terminates, so also during probation. It is calculated pro rata over the period worked, so the amount is usually small. It is not owed if the employee resigns.

Where are the limits of termination during probation?

The probation period suspends the dismissal procedure, not the rest of employment law. A termination on a discriminatory ground, such as pregnancy, disability, chronic illness, religion, nationality or age, is unlawful also during probation.

The employee can challenge such a termination and claim compensation; the Netherlands Institute for Human Rights (College voor de Rechten van de Mens) can also give an opinion. The same applies to a termination that is a reprisal, for example after a whistleblower report.

Can you be dismissed when you are sick during probation?

Yes. The ban on dismissal during sickness does not apply in the probation period, so the employer may terminate a sick employee. The termination may not be because of the illness itself, and where the illness is a disability or chronic condition the equal treatment rules apply directly. Our guide to prava zaposlenika na bolovanje explains the protection after probation.

Can a new contract have a new probation period?

Not in principle. A probation clause in a follow-on contract with the same employer is void, unless the new contract clearly requires different skills or responsibilities.

A renewal of the same job, or a new job title without different duties, cannot carry a new probation period. The rule follows the work: if you did the same job through an agency or for a previous employer whose business was transferred, a new clause is also void.

What applies during the probation period?

A probationary employee is a full employee. Salary, CAO minimums, holiday accrual, pension participation and continued salary payment during sickness all apply from day one.

Contract clauses also bind from the start. A non-competition clause in a fixed-term contract is only valid if the employer states in writing the compelling business interests that require it (Article 7:653 BW).

What protection starts after the probation period?

After probation the employer needs the employee’s consent, permission from the UWV or a decision of the subdistrict court to end the contract. Each route requires a reasonable ground set out in Article 7:669 BW and a supporting file.

Notice periods of one to four months then apply, and the transition payment is owed. That contrast is why the conditions for a valid probation clause are enforced so strictly. The probation rules also work alongside the chain rule (ketenregeling) for successive fixed-term contracts.

Can you get unemployment benefit after a probation dismissal?

If the employer ends the contract during probation, you can in principle claim unemployment benefit (WW) from the UWV. You must meet the ordinary conditions, including having worked at least 26 of the 36 weeks before becoming unemployed.

If you resign yourself during probation, the UWV usually sees that as voluntary unemployment, and you normally receive no benefit. Check your position with the UWV before you resign.

Što biste trebali provjeriti kao zaposlenik?

• Whether your contract type allows a probation period at all.
• Whether the length is within the maximum and the same for both parties.
• Whether the clause was agreed in writing before your first working day.
• The exact end date of the probation period.
• If you are dismissed: ask for the reason in writing and check the two-month deadline.

Što biste trebali provjeriti kao poslodavac?

• That your contract template is drafted for Dutch law, not copied from another country.
• That the clause matches the contract type every time you issue a contract.
• That a renewal only has a probation clause if the role has genuinely changed.
• That you record objectives and feedback during the probation period.
• That a termination is given in writing before the period ends, with final pay, holiday and transition payment settled.

What can we do for you with a probation period?

Naši odvjetnici za zapošljavanje advise employees and employers on probation clauses and terminations.

• We check whether your probation clause is valid within one working day.
• We assess a probation dismissal and the written reason given.
• Zahtjev podnosimo okružnom sudu u roku od dva mjeseca.
• We calculate the transition payment and final entitlements.
• We review your employment contract templates for Dutch law.

Rezime

• The maximum probation period is two months, or one month for fixed-term contracts under two years; none for contracts of six months or less.
• The clause must be in writing, agreed before the start and equal for both parties; otherwise it is void.
• During a valid probation period either party can terminate immediately; the employee can ask for the reason in writing.
• A transition payment is owed when the employer terminates, also during probation.

Često postavljana pitanja