A probationary period gives both the employer and the employee the opportunity to assess whether the collaboration is a good fit. During this period, the employment contract can be terminated immediately, without notice or procedure. However, important rules and exceptions apply.
In this article, we discuss how dismissal during a probationary period works, what your rights are, and how you can challenge an invalid dismissal.
What Is a Probationary Period?
The probationary period is a period at the start of the employment contract during which both parties can terminate the contract immediately.
The dismissal does not need to be supported by a file.
No notice period applies.
The employee can also leave immediately.
However, an employer may not do everything: discrimination or abuse of rights remains prohibited.
How Long May a Probationary Period Last?
The statutory rules (Article 7:652 of the Dutch Civil Code):
Contract shorter than 6 months: no probationary period permitted.
Contract of 6 months to 2 years: maximum 1 month.
Contract of 2 years or longer: maximum 2 months.
Permanent contract: maximum 2 months.
A probationary period that is too long is invalid.
Dismissal During Probation: What Is and Isn't Allowed?
Allowed:
Dismissal without giving reasons.
Immediate termination of the contract.
Not allowed:
Dismissal on grounds of discrimination (gender, age, origin, religion).
Dismissal due to pregnancy or illness related to pregnancy.
Dismissal contrary to the principles of good employer conduct.
Employee Rights Upon Dismissal During Probation
Right to payment for days worked and accrued holiday days.
Possible entitlement to unemployment benefits (depending on employment history and reason for dismissal).
Right to legal review of an invalid probationary clause or discriminatory dismissal.
Practical Examples
Example 1: An employee with a 5-month contract was given a 1-month probationary period. This was invalid, and the probationary period was annulled.
Example 2: An employee was dismissed during the probationary period due to pregnancy. The court awarded damages for discrimination.
Example 3: An employee resigned during the probationary period to start elsewhere. This was permitted without a notice period.
Checklist for Dismissal During Probation
Check whether the probationary period has been validly agreed upon.
Note the maximum duration (1 or 2 months).
Always request written confirmation of the dismissal.
Demand payment for hours worked and accrued holiday days.
Consult an employment lawyer if in doubt or in case of invalid dismissal.
Common Mistakes
Assuming a probationary period is always valid, even with short-term contracts.
Accepting a probationary period that is too long without objection.
Not requesting written confirmation of dismissal.
Assuming an employee can never receive unemployment benefits after dismissal during probation.
Frequently Asked Questions (FAQ)
1. Can my employer dismiss me without reason during probation?
Yes, but not for prohibited reasons such as discrimination or pregnancy.
2. Can I resign during the probationary period?
Yes, you can do so with immediate effect.
3. Am I entitled to unemployment benefits after dismissal during probation?
That depends on your employment history and circumstances.
4. What if my probationary period was invalidly agreed upon?
In that case, the normal dismissal rules apply and the dismissal may be invalid.
5. Must the employer confirm the dismissal in writing?
Yes, this prevents disputes afterwards.
Why Arslan Advocaten?
Reviewing whether a probationary clause is valid
Guidance during dismissal in a probationary period
Litigating against invalid or discriminatory dismissal
Protecting your rights from the start of your employment
Conclusion
Dismissal during a probationary period may seem straightforward, but it is subject to clear statutory rules. An invalid probationary clause or dismissal on discriminatory grounds can be challenged. Therefore, always have your situation reviewed by an employment lawyer.