Probationary Period in Temporary Employment Contracts in Westland

In Westland, known for its greenhouse complexes and seasonal labour in horticulture, strict rules apply to the probationary period in temporary employment contracts. For contracts shorter than six months, a maximum of one month, and for longer durations two months, as laid down in Article 7:667a of the Dutch Civil Code (BW). A violation renders the probationary period void with retroactive effect. This often arises with temp workers in glasshouse horticulture or seasonal pickers in areas such as 's-Gravenzande and Naaldwijk. Collective labour agreements (CAOs), such as the Temporary Employment CAO for the horticulture sector, may provide deviating rules, but never longer than the statutory limit. A void probationary period prevents unilateral dismissal and triggers the chain arrangement: a maximum of three successive contracts within two years. Local temp agencies in Westland regularly make mistakes here, for example with short-term picking assignments of two weeks, leading to claims at the subdistrict court in The Hague. Employees thus retain dismissal protection and seniority accrual. Advice to Westland employers: integrate the probationary period correctly into the CAO and state it explicitly in contracts for greenhouse employees. Employees: check your agreement upon commencement of employment. In case of disputes, file a request with the subdistrict court for declaration of nullity. The Work and Security Act (Wet Werk en Zekerheid) has strengthened this protection for flex workers in the region, particularly relevant for peak seasons in flower and vegetable cultivation. (218 words)