PROBATIONARY PERIOD

In the Netherlands, there is almost always a probationary period when you start working somewhere. The employer and the employee discuss this. They agree that during a certain period, the employment contract can be easily terminated by either party with immediate effect.

𝗪𝗵𝘆

The advantages of probation are mainly, that both parties can quit right away. With the solicitation interview, both parties can sometimes make quite a mistake. For the employee, the work that has been offered can be disappointing, in which case they can just walk right out the door. But for the employer, it is of course also important to see if the new employer functions as they had expected.

𝗛𝗼𝘄 𝗹𝗼𝗻𝗴

There are different rules per contract. for instance a probationary period may not exceed one month in the case of:

– a temporary employment contract between 6 months and 2 years;

– a temporary employment contract with no end date.

Different rules may apply to temporary employment contracts. This is only possible if it is stated in the CAO or in a regulation on behalf of a competent authority, e.g. the municipality.

The probationary period may not exceed 2 months in the case of:

– permanent employment

– A temporary employment contract for 2 years or more

When a contract is shorter than 6 months, an employer may not agree on a probationary period.

𝗦𝗶𝗰𝗸𝗻𝗲𝘀𝘀 𝗱𝘂𝗿𝗶𝗻𝗴 𝗽𝗿𝗼𝗯𝗮𝘁𝗶𝗼𝗻 𝘁𝗶𝗺𝗲

The two-month period continues to apply if the employee falls ill during the probationary period or does not work for other reasons during the entire probationary period. It is therefore not going to extend. If the same employer and employee enter into another employment contract after the end of the employment contract, they cannot again include a probationary period in this new employment contract, except if the work is completely different.