Many employment contracts contain aprobationary period. This is a period in which both employer and employee can terminate the collaboration without notice period or grounds for dismissal. However, strict rules apply and as an employee you do have certain rights.
In this article we discuss the rules surrounding the probationary period, what your rights are and what you should pay attention to if you are dismissed during the probationary period.
What is a probationary period?
The probationary period is a short period at the beginning of an employment contract during which both parties can see whether the collaboration is satisfactory. During this period, the employer may dismiss you without a dismissal procedure, and you may also resign without notice.
How long can a probationary period last?
The length of the trial period depends on the type of contract:
Contract shorter than 6 months→ no trial period allowed.
Contract 6 months to 2 years→ maximum 1 month.
Contract 2 years or longer→ maximum 2 months.
Indefinite period (permanent contract)→ maximum 2 months.
👉 A longer probationary period is not valid, even if you sign it yourself.Dismissal during probationary period
During the probationary period, the employer may dismiss you without reason. However, there are important restrictions:
There may be no
discrimination(for example on the grounds of gender, age or origin).You may not be dismissed due to
illness, pregnancy or trade union membership.Your employer must immediately communicate the dismissal
.Your rights in the event of dismissal during a probationary period
You are entitled to
payment for days worked.You retain the right to a
transition paymentif you have been employed for at least 2 years (in case of dismissal after extension).In some cases you retain the right to a
unemployment benefit(depending on work history and circumstances).Practical examples
Example 1:
An employee with a 5-month contract was given a probationary period of 1 month. This was invalid: for a contract shorter than 6 months, no trial period may be agreed at all.Example 2:
An employee was dismissed during the probationary period due to pregnancy. The judge ruled that this was discrimination and awarded damages.Example 3:
An employee resigned during the probationary period. He had no notice period and could start a new job immediately.Probationary period and dismissal checklist
📑 Check whether the probationary period is legally valid.
📅 Please note the maximum duration (1 or 2 months).
⚖️ Dismissal may not be discriminatory.
💶 Demand payment for hours worked and vacation days.
📝 If in doubt, have your contract checked.
Common mistakes
Thinking that a probationary period is always allowed (even with short contracts).
Accepting a probationary period that is too long without knowing that it is invalid.
Believe that dismissal during probation can never be challenged.
Do not seek legal advice in case of doubt.
Frequently Asked Questions (FAQ)
1. Can my employer dismiss me without reason during the probationary period?
Yes, but not on discriminatory grounds.
2. Can I resign during the probationary period?
Yes, this is possible without a notice period.
3. What if the agreed probationary period is too long?
Then the probationary period is invalid and the normal dismissal rules apply.
4. Am I entitled to unemployment benefits after dismissal during the probationary period?
That depends on your employment history and the reason for dismissal.
5. Can I claim compensation for invalid dismissal during a probationary period?
Yes, for example in the event of discrimination or an invalid agreed probationary period.
Why Arslan Advocaten?
Check whether your probationary period has been validly agreed.
Provide guidance in conflicts surrounding dismissal during the probationary period
Begeleiden bij conflicten rondom ontslag tijdens proeftijd
Incentives for compensation in the event of invalid dismissal
Protecting your rights at the start of your career
Conclusion
A probationary period gives both employer and employee flexibility, but has clear limits. Dismissal during the probationary period is often permitted, but not if there is discrimination or an invalid clause. Always have your contract checked to prevent you from unfairly losing your job.