Written Probationary Period in Employment Contracts in Westland
In Westland, where horticulture and agriculture dominate, the written probationary period is a key clause in employment agreements. This period allows employers and employees to assess each other, particularly in seasonal work or permanent roles in greenhouses and logistics. During probation, the contract can be terminated with just one day’s notice, bypassing standard dismissal procedures. This article explores the requirements, application, and consequences, building on our foundational piece on probationary periods in employment contracts, with a focus on Westland’s local context.
What Is a Written Probationary Period in Westland?
A written probationary period marks the start of an employment contract, providing an evaluation window for both employer and employee. In Westland’s dynamic labor market—where temporary workers are common in horticulture—this helps determine if the fit is right. The probationary period must be explicitly written in the contract; verbal agreements do not count. Its duration is capped at one month for temporary roles under two years and two months for permanent or longer-term contracts. This system balances flexibility with fairness, aligning with local needs in Westland’s agricultural sector collective labor agreements (CAOs).
In practice, this means no need for UWV dismissal permits, and termination requires only one day’s notice. It aligns with Dutch labor law, which weighs employer interests against employee rights, while addressing Westland’s unique demands as a municipality.
Legal Framework for Written Probationary Periods
The rules are outlined in the Dutch Civil Code (BW), Book 7, Title 10. Article 7:652 BW states: *“An employment contract may be entered into for a fixed or indefinite term, with a probationary period of up to two months.”* For shorter contracts, such as seasonal work in Westland, Article 7:655 BW applies, reducing the maximum duration.
Crucially, the probationary period must be documented in writing (Article 7:655(3) BW). Without this, the clause is invalid. Only one probationary period per contract is allowed; extensions require a new contract with at least six months’ break (Article 7:668a BW). The 2015 *Wet Werk en Zekerheid* (Employment Certainty Act) tightened rules to prevent abuse, which is particularly relevant in Westland’s flexible horticulture sector. Violations nullify the clause, triggering standard notice periods and dismissal protections.
Practical Examples of Written Probationary Periods in Westland
Consider an employee in a Westland greenhouse company signing an indefinite contract with a two-month probationary period. After a few weeks, inefficiency with greenhouse automation becomes apparent. The employer can terminate with one day’s notice, without further steps.
Another case: a six-month temporary logistics role in flower exports includes a one-month probation. If the employee finds the physical demands too demanding after two weeks, they can resign without penalties. Without a written clause, however, the standard one-month notice applies—disadvantageous in Westland’s fast-paced market.
In Westland’s hospitality and seasonal labor sectors, a one-month probation is common for temporary workers. This allows employers to quickly assess team fit, while employees can exit if conditions don’t align—such as with long shifts in horticulture.
Rights and Obligations During the Probationary Period
In Westland, both parties have clear rights and duties during probation. Employers can terminate without cause but must do so in writing and, ideally, with explanation to avoid disputes—consult *Het Juridisch Loket Westland* for guidance. Employees receive wages, accrue vacation days, and build pension rights, unless otherwise specified.
Both must fulfill their obligations: employees perform as agreed, and employers ensure a safe environment—critical in high-risk sectors like horticulture. If an employer terminates without just cause, the employee can escalate to *Rechtbank Westland* (Article 7:686 BW).
- Right to Termination: One day’s notice for either party.
- Protection: Pregnant or sick employees are extra safeguarded; termination during illness is prohibited (Article 7:670 BW).
- Duty to Explain: Not mandatory but recommended to avoid *Rechtbank Westland* disputes.
Probation vs. Regular Termination: Key Differences
| Aspect | Probationary Period | Regular Period |
|---|---|---|
| Notice Period | 1 day | 1 month (employee), longer for employer |
| Dismissal Permit | Not required | Required (UWV or district court) |
| Just Cause Needed | No | Yes |
| Transition Payment | Not applicable | Yes, after 2 years of service |
Frequently Asked Questions About Written Probationary Periods
Must the probationary period always be in writing?
Yes, Article 7:655 BW requires explicit written inclusion in the contract. Verbal or implied agreements are invalid, defaulting to standard rules. In Westland, *Het Juridisch Loket Westland* offers tailored advice for local contracts.