Consequences of Null and Void Probationary Period for Dismissal Protection in Westland

In Westland, known for its greenhouse complexes and agricultural sector, a null and void probationary period is a common stumbling block for employers in horticulture and glasshouse horticulture. When a probationary period is declared null and void, the special dismissal rules that apply during the probationary period lapse. The employee then enjoys full dismissal protection as if the probationary period never existed. This means that an employer cannot unilaterally dismiss the employee without just cause and without following the statutory procedure, such as obtaining a dismissal permit from the UWV in The Hague or initiating proceedings before the subdistrict court in The Hague. According to Article 7:668 of the Dutch Civil Code (BW), dismissal must then comply with the general rules of the Civil Code. Local case law examples from Westland show that in such cases, courts declare the dismissal null and void and grant the employee the right to continued payment of wages, especially for seasonal workers in flower and vegetable cultivation. Employees can invoke nullity if the probationary period was too long or not recorded in writing in the employment contract. Employers risk liability for compensation for damages, which in the region with high labour shortages can be particularly painful. It is crucial to immediately review the employment contract in the event of disputes, for example via the collective labour agreement for horticulture. Advice: consult a lawyer in Westland or the surrounding area to assert your rights and claim possible damages. This significantly protects your position in employment disputes within Westland's glasshouse horticulture. (248 words)