In Westland, the greenhouse horticulture region of the Netherlands, normally no transitional compensation is due upon termination during the probationary period, but there are crucial exceptions. According to Article 7:673(7) of the Dutch Civil Code (BW), the exclusion does not apply if a Westland employer unlawfully uses the probationary period, for example to avoid a transitional compensation for long-term workers from greenhouses in Monster or Naaldwijk. If the probationary period lasts longer than permitted (maximum 2 months for indefinite-term contracts), the employee may claim the compensation.
Judges of the subdistrict court in The Hague strictly review for abuse, such as extending a fixed-term contract with a probationary period after previous seasonal contracts in Westland horticulture. In cases of sham constructions, discrimination or unfair dismissal during probationary period, the judge imposes the transitional compensation. Practical example from Westland: a greenhouse horticulturist with 5 years of service in Poeldijk received a new contract with a probationary period; upon dismissal, the subdistrict court ruled this was a sham probationary period and awarded €8,500, taking into account local collective labour agreement rules.
Employees in Westland must object to the subdistrict court in The Hague within 2 months after dismissal. Proof of abuse is essential, such as emails about previous contracts or witness statements from colleagues. Advice: have your horticulture contract reviewed by a lawyer specialised in Westland employment law to minimise risks in this tight labour market. (212 words)