Restoration of Employment Conditions After Invalid Probationary Period in Westland

In Westland, known for its greenhouse horticulture and horticultural workers, an invalid probationary period has direct consequences for employment conditions in the local agricultural sector. Clauses that applied exclusively during the probationary period, such as temporarily lower wages for seasonal workers or flexible schedules around harvest times, lapse automatically. From day one, the standard conditions of the employment contract apply, including full salary, accrual of vacation days, and pension contributions. Article 7:667 of the Dutch Civil Code explicitly states that a probationary period may not deviate from the main agreement. Case law from the Supreme Court, relevant for Westland cases at the sub-district court in The Hague, confirms that arrears of pay must be paid retrospectively in the event of unfair probationary period clauses. Workers in the glasshouse horticulture sector can file a claim with the District Court Rotterdam (The Hague location) for back payment and adjustment of conditions. Employers in Westland, often family businesses with CAOs from the Tuinbouw sector, must draft probationary period clauses watertight to avoid nullity, especially in light of CAO agreements under the Tuinbouw and Groene Levensmiddelen CAO. Practical advice for Westland growers: retain evidence such as the signed employment contract, payslips, and CAO extracts. In disputes over nullity in Poeldijk or 's-Gravenzande, a local mediator from the Westland network can provide relief, but for full restoration, legal steps at the sub-district court are essential. This not only yields financial compensation but also stability for seasonal employees in the region. (248 words)