Dismissal During Probationary Period - Rights and Rules in Westland
During the probationary period, both the employer and the employee can terminate the [employment contract](https://rechtshulpamsterdam.nl/encyclopedie/arbeidstijd-definitie) immediately without notice period. However, strict rules are laid down in Article 7:652 of the Dutch Civil Code that must be complied with.
What Does Probationary Period Mean?
The probationary period is an initial phase of an employment contract in which both the employer and the employee can determine whether the cooperation is proceeding as desired. This period must always be in writing included in the contract.
Maximum Duration of the Probationary Period
| Contract Duration | Maximum Probationary Period |
|---|---|
| Less than 6 months | No probationary period possible |
| Between 6 months and 2 years | Maximum 1 month |
| 2 years or longer / indefinite term | Maximum 2 months |
Legal Requirements
- Written agreement in the employment contract
- Equal period for both parties
- Maximum length not exceeded
- One-time use - no new probationary period upon extension
Termination During Probationary Period
If a valid probationary period exists, the contract can be terminated:
- Without notice period (immediately)
- Without approval from UWV or court
- Without right to transition payment
- Without mandatory reason
Important: Termination must always take place in writing!
Dismissal Reasons Not Permitted
Even during the probationary period, dismissal is prohibited for the following reasons:
- Illness - The dismissal ban applies
- Pregnancy or maternity leave
- Discrimination based on age, gender, religion or origin
- Union membership
Invalid Probationary Period
If the probationary period is not correctly recorded, it is considered invalid:
- Standard dismissal rules then apply
- A notice period must be observed
- Sometimes [UWV approval](https://rechtshulpamsterdam.nl/encyclopedie/loondoorbetalingsperiode) is required
[Unemployment Benefit](https://rechtshulpamsterdam.nl/encyclopedie/referteperiode-ww) After Probationary Dismissal
In the event of dismissal by the employer during the probationary period, you are normally entitled to unemployment benefit, provided you meet the weekly requirement (at least 26 out of 36 weeks worked).
Frequently Asked Questions About Probationary Period
Can I be ill during the probationary period?
Yes, and dismissal due to illness is not permitted in that case.
Is an employer required to give a reason?
No, this is not legally required, but you can ask for an explanation.
Advice
For Employees in Westland
- Check if the probationary period is correctly included in your contract
- Be alert to the maximum duration per contract type
- Ask for [written confirmation](https://rechtshulpamsterdam.nl/encyclopedie/wml-loonstrook) upon dismissal
- Register immediately with the UWV for unemployment benefit
For Employers in Westland
- Ensure the probationary period is always recorded in writing
- Comply with the maximum duration per contract type
- No probationary period for contracts shorter than 6 months
- Always terminate in writing
Legal basis: Article 7:652 Dutch Civil Code
Frequently Asked Questions in Westland
What are my rights as an employee?
You are entitled to a safe workplace, minimum wage, paid holiday days, and protection against discrimination or unequal treatment.
Can an employer dismiss me without reason?
No, dismissal often requires UWV permission and must be based on valid reasons. Prior warnings are required.
How many paid holiday days do I get?
At least 20 working days paid leave per year, unless otherwise stated in your contract. This must be granted upon request.
What is a collective labour agreement and what does it mean for me?
A collective labour agreement (CLA) includes agreements between employers and unions on salaries, working hours, and other employment conditions.
How does sick leave work?
In case of illness, you must inform your employer immediately. You are entitled to continued pay during the first two years of illness.