The so-called probation period, also known as a trial period, is often part of the Dutch employment contract. This clause raises questions on a regular basis for expats who have not experienced such a clause before or are not aware of the implications of this clause according to Dutch law. Therefore, DAG provides employers and employees a handy overview of the most relevant questions regarding this subject.

What is a probation period?

The probation period or trial period is a period at the start of a new employment contract for both the employer and employee to assess whether there is a profitable match. As the name indicates, this period gives both parties the chance to try out the new work relationship. Is there a match in expectations regarding the function? Does the employee fit in the new work environment? Does the employee possess the right capacities to (learn how to) fulfill the function adequately? Is everybody happy? A period of mutual exploration, in a nutshell.

What are the legal aspects of a probation period?

Giving the nature of exploration and trying out whether the match between employee and employer is a success or not, the consequences of the trial period are quite far-reaching. During this period, the employer can decide to terminate the employment contract without a valid reason being required. The employee has the exact same prerogative. No termination period is applicable, so a termination has immediate effect.

Am I as an employee totally unprotected under Dutch law during the probation period?

Even though no valid reason needs to be provided for the termination of the employment relationship by an employer, there are some considerable restrictions concerning this reason. Discriminating deliberations are prohibited as a ground for the decision to dismiss an employee. Examples of discriminating deliberations can be found in pregnancy, origin, sexual orientation or sex.

What is the duration of trial period according to Dutch labour law?

Giving the extent of the mutual freedom to end the employment contract at any given moment, it is very well understandable that the legislator restricted the duration of the probation period. The duration of the concerned period depends on the duration of the employement contract as such. An employment contract of six months or less is excluded from the option of a probation period. An employment contract for any period longer than six months is allowed to include a probation period of a month. Contracts with an indefinite duration can incorporate an probation period of two months. Exceeding these legal duration leads to the whole trial period being void.

Are there other legal requirements?

Yes, there are. The trial period should have the same duration for the employer and employee equally. Deviations towards one party are not allowed. Furthermore, the trial period should always be laid down in writing. Verbal agreements regarding this subject are void. Due to the purpose of getting to know a new employee, there can be restrictions for the employee already known to the employer. These restrictions depend, amongst other factors, on the comparison and similarity between the previous function and the current function.

I have questions regarding my trial period

At DAG we are able to answer all your questions regarding this subject. Our labour law specialists are excellent equipped to scrutinize your employment contract or relation.