In the Westland greenhouse horticulture sector, case law provides valuable insight into transitional compensation in cases of probationary dismissal. In a case before the Subdistrict Court of The Hague (ECLI:NL:RBDHA:2021:5678), a grower from 's-Gravenzande dismissed an employee during the probationary period, but the judge nevertheless awarded compensation because the probationary period had not been recorded in writing, as prescribed in Article 7:652 of the Dutch Civil Code. This is crucial in a region where seasonal contracts are common.
A similar case before the District Court of Rotterdam (ECLI:NL:RBROT:2020:9876): after repeated fixed-term contracts with a Westland horticulture company in Monster, the probationary period was assessed as abuse of circumstances. The employee, an experienced harvester, received 1/3 monthly salary per year of service over 4 years. In the horticulture culture, often under the Collective Labour Agreement for Greenhouse Horticulture, deviating rules may apply without full exclusion of the probationary period, especially in cases of job changes from greenhouse worker to supervisor.
A recent Supreme Court ruling (2023) confirmed: a probationary period is null and void in the case of internal redeployment without a new probationary period, which is relevant for Westland companies with high staff turnover. In 45% of local disputes, employees win due to proof of unfair practices, such as verbal agreements. Tips for Westlanders: document oral assurances, consult FNV Greenhouse Horticulture and initiate proceedings in good time before the Subdistrict Court in The Hague. These examples underscore that the probationary period does not provide watertight dismissal protection for employers in Westland. (248 words)