Securing a new job is undoubtedly an exciting moment, marked by signing the employment contract. However, the journey is not complete until you successfully navigate the probation period. This period is crucial as it is the time to demonstrate to your employer that they made the right choice in hiring you. To ease any concerns, it’s worth noting that the majority of employees successfully pass through this phase. Employers, like you, are hopeful for a successful collaboration, and a minor mishap in the initial weeks won’t result in immediate termination. Nonetheless, being aware of the rules during this period is essential. In this article we will explore key aspects of the probationary period in Dutch employment contracts.
Understanding the Probationary Period
When embarking on a new job, it’s common to have a probationary period, serving as an introductory phase between you and the employer. If the new position doesn’t meet your expectations or for any other reason, you can terminate the contract without consequences during this probationary period. Conversely, the employer can terminate your employment without notice during this period.
Maximum Duration of the Probationary Period
The duration of the probationary period depends on the length and type of your contract. The probationary period never exceeds two months, as that is the maximum allowed duration.
Probationary Period in Temporary Contracts
For temporary contracts lasting between 6 months and 2 years, the probationary period is typically one month, with a maximum duration of two months for contracts lasting at least 2 years. Contracts lasting 6 months or less cannot include a probationary period.
If your temporary contract is about to end, and you are offered a new (temporary or permanent) contract, generally, there is no new probationary period. An exception is made if the new position significantly differs from your previous role.
Probationary Period in Permanent Contracts
For indefinite contracts, the probationary period is limited to a maximum of two months, and this cannot be altered by the collective labor agreement (cao).
Legal Status of the Probationary Period
There is no statutory probationary period, as it is not mandatory. However, legal agreements have been established, including regulations on the maximum duration. If a probationary period stated in your contract exceeds the legal limit, it is invalid, and your contract is considered without a probationary period.
Invalid situations include a probationary period that:
- Exceeds legal or cao limits.
- Is agreed upon orally without written documentation.
- Differs in duration for you and your employer.
- Is modified or agreed upon after you have started working.
If your contract does not specify a probationary period, it may either mean that you don’t have one, or there are cao agreements in place.
Can I Resign During the Probationary Period?
Discovering early on that the new job isn’t the right fit is unfortunate, but the probationary period allows for easier resignation without the need to consider a notice period. In some cases, you might not be able to resign midway through the probationary period, and you may need to fulfill the entire contract.
Can I Be Dismissed During the Probationary Period?
Similarly, your employer may realize within the first month(s) that the match isn’t ideal. In such cases, termination during the probationary period is permissible without seeking approval from UWV or the cantonal judge. No notice period is required, and the contract can be terminated immediately. During this period, usual restrictions on termination do not apply, allowing for dismissal even if you are sick or pregnant.
Conclusion
Understanding the nuances of the probationary period in Dutch employment contracts is vital for both employers and employees. Navigating this period smoothly contributes to a positive and fruitful working relationship. Be aware of the rules and durations applicable to your specific situation, ensuring a seamless transition into your new position.