The probationary period in the Netherlands is short, but what exactly does it entail? In this article, we answer the most important questions about the probationary period and the applicable rules.
How long can the probationary period last in a contract?
The maximum length of the probationary period depends on the duration of the employment contract. The probationary period can last a maximum of 1 month in the case of:
- A temporary contract of more than 6 months, but less than 2 years;
- A temporary contract without an end date.
In some cases, different rules may apply to the probationary period, for example, if these are laid down in the collective labour agreement (CAO) or a regulation by a competent administrative body, such as a municipality.
The probationary period can last a maximum of 2 months in the case of:
- A permanent contract (open-ended);
- A temporary contract of 2 years or more.
During the probationary period, both you and your employer can terminate the employment contract immediately. However, there are a few important rules you should be aware of, especially regarding dismissal during the probationary period.
Can a probationary period be agreed upon verbally?
No, the probationary period must always be agreed upon in writing. The maximum length of the probationary period depends on the duration of the contract, but it can never be longer than 2 months. In some cases, different arrangements regarding the probationary period may be specified in the CAO.
Can a new probationary period be agreed upon if I have previously worked for the same employer?
In principle, a new probationary period cannot be agreed upon in a subsequent contract (after an initial temporary contract) unless the new role clearly requires different skills or responsibilities.
Example: Imagine you previously worked as an administrative assistant at a company and are now offered a contract for a team leader position in a different department. Since the new role involves different skills and responsibilities, the employer is allowed to agree on a new probationary period with you.
Can an employer agree on a longer probationary period for themselves than for the employee?
No, an employer cannot give themselves an advantage by agreeing on a longer probationary period for themselves than for the employee. The probationary period must be the same for both parties.
Dismissal during the probationary period
Dismissal during the probationary period is subject to the following rules:
- The employer is not required to provide a ‘reasonable ground’ for dismissal.
- The employer does not need permission from the UWV or the court.
- There is no notice period, so the dismissal can take effect immediately.
- The employer is not obligated to explore redeployment within the organisation.
Can an employee on sick leave be dismissed during the probationary period?
Yes, dismissal during the probationary period is possible even if you are on sick leave. However, your illness cannot be the reason for the dismissal. The probationary period will not be extended if you fall ill during this time. If you are dismissed while on sick leave, you may be entitled to a sickness benefit under the Dutch Sickness Benefits Act.
Is a reason required for dismissal during the probationary period?
No, the employer is not required to provide a reason for dismissal during the probationary period, unless the employee explicitly requests it. If the reason is discriminatory, for example, due to pregnancy, illness, or a particular religion, the dismissal can be reversed.
Resigning during the probationary period: consequences for UWV unemployment benefits
What if I resign during the probationary period?
You can resign during the probationary period without having to observe a notice period. However, be aware that if you resign yourself, you will not be entitled to unemployment benefits (WW). You may, however, be able to apply for social assistance benefits from your municipality.
Am I entitled to unemployment benefits if I am dismissed during the probationary period?
If you are dismissed during the probationary period, you may be entitled to unemployment benefits (WW) under certain conditions. You will need a letter from your employer stating that you did nothing wrong.