Dismissal during the probationary period often feels like the end of the story. Many young people think: “It's allowed.”
But that is not always true. Rules also apply during the probationary period. And this is where things often go wrong, especially with side jobs, part-time work and student jobs.
In this blog you can read when dismissal during the probationary period is allowed, when it is not, and what you can do if the dismissal is unjustified.
What is the probationary period?
The probationary period is a period at the start of your contract in which:
You can see whether the work suits you fits
the employer can assess whether you are suitable
During the probationary period, both parties may terminate the contract immediately.
But: that does not mean that everything is permitted.
When is dismissal during the probationary period valid?
Dismissal during the probationary period is only valid if:
the probationary period has been in writing agreed upon
the duration of the probationary period is correct
the dismissal is not discriminatory
there is no abuse of the probationary period
Is something going wrong on one of these points? Then the dismissal may be invalid.
Common mistakes during probationary dismissal
1. The trial period is too long
The maximum duration depends on the contract.
Is the trial period agreed too long? Then the entire probationary period is invalid.
👉 Result: dismissal during “the probationary period” is then not.
2. The probationary period is not stated in the contract
Is the probationary period:
not on paper?
only agreed verbally?
Then there is no valid probationary period.
Dismissal is then not simply.
3. Dismissal for prohibited reasons
Dismissal during the probationary period is not due to:
illness or reporting sick
pregnancy
origin, religion or gender
demanding wages or breaks
In those cases, the dismissal is discriminatory and therefore unlawful.
4. Abuse of the probationary period
Sometimes the probationary period is used to:
try out staff cheaply
structurally replace young people
replace people after a short period of time
This can be seen as abuse. The dismissal can also be challenged.
“But I had only just started…”
That is precisely when young people think that they have no rights.
That is incorrect.
Even if you:
have just started
are a student
have a part-time job
part-time works
you may have rights if the probationary period is incorrect.
What can you get if the dismissal is unjustified?
That depends on the situation, but you may be entitled to:
wages continued to be paid
compensation
sometimes recovery of the employment
Fast action is crucial.
What should you do immediately upon dismissal during the probationary period?
Use this step-by-step plan:
Check your contract (does it include a probationary period?)
Check the duration of the probationary period
Ask for written confirmation of the dismissal
Save messages, emails and schedules
Have a legal assessment be made of whether this is allowed
If you wait too long, you may lose your rights.
Common mistakes made by young people
think that probationary dismissal is always allowed
do not object
react angrily towards the employer
do not keep evidence
do not have anything checked
That is a shame. In practice it often turns out that the dismissal is incorrect.
Are you unsure whether your probationary dismissal is justified?
Are you:
student
part-timer
young person with a part-time job
and were you dismissed during the probationary period?
Then have it checked. It often turns out that:
the probationary period is invalid
the dismissal is unlawful
you are entitled to wages or compensation
👉 Feel free to contact us to have your situation assessed.