Dismissal During Probationary Period in Zoetermeer - Rules and Rights
During the probationary period, both employer and employee in Zoetermeer can terminate the employment contract without notice period. However, pursuant to Article 7:652 of the Dutch Civil Code (BW), strict statutory rules apply.
What Does a Probationary Period Entail?
A probationary period is an initial period in an employment contract during which both parties can determine whether the collaboration is satisfactory. This period must always be in writing recorded in the contract.
Maximum Length of the Probationary Period
| Contract duration | Maximum probationary period |
|---|---|
| Shorter than 6 months | No probationary period permitted |
| 6 months to 2 years | Maximum 1 month |
| 2 years or longer / indefinite term | Maximum 2 months |
Statutory Conditions
- Written agreement in the contract
- Equal period for both parties
- Maximum length may not be exceeded
- One-time application - no new probationary period upon extension
Termination During Probationary Period
If a valid probationary period exists, the agreement can be terminated:
- Without notice period (immediately)
- Without approval of the Employee Insurance Agency (UWV) or district court
- Without entitlement to transition payment
- Without obligation to provide a reason
Important: Termination must always take place in writing!
Dismissal Reasons Not Permitted
Even during the probationary period, dismissal is prohibited for the following reasons:
- Illness - The prohibition on dismissal also applies here
- Pregnancy or maternity leave
- Discrimination on the basis of age, gender, religion, or origin
- Membership of a trade union
Invalid Probationary Period Agreements
If the probationary period is not correctly recorded, it is considered null and void:
- Standard dismissal rules then apply
- A notice period must be observed
- Approval from the UWV may be required
Unemployment Benefit (WW) After Probationary Period in Zoetermeer
In the event of dismissal by the employer during the probationary period, you are generally entitled to unemployment benefits (WW), provided you meet the weekly requirement (at least 26 out of 36 weeks worked). Contact the UWV in Zoetermeer for more information.
Frequently Asked Questions About Probationary Period
Can I become ill during my probationary period?
Yes, and dismissal due to illness is not permitted in that case.
Is an employer required to give a reason?
No, this is not statutorily required, but you can ask for an explanation.
Advice for Zoetermeer
For Employees
- Ensure the probationary period is correctly included in your contract
- Check the permitted duration for your contract type
- Request written confirmation upon dismissal
- Register immediately with the UWV in Zoetermeer for unemployment benefits (WW)
For Employers
- Ensure written recording of the probationary period
- Comply with the maximum duration per contract type
- No probationary period for agreements shorter than 6 months
- Always terminate in writing
Statutory basis: Article 7:652 Dutch Civil Code
Local support: For legal advice, you can go to the Juridisch Loket Zoetermeer. Disputes can be submitted to the District Court of The Hague.
Frequently Asked Questions in Zoetermeer
What are my rights as an employee in Zoetermeer?
You are entitled to a safe workplace, minimum wage, paid leave, and protection against discrimination or unequal treatment.
Can my employer dismiss me without reason?
No, dismissal usually requires approval from the UWV and must be based on valid reasons. Prior warnings are often required.
How much paid leave do I get?
At least 20 working days per year, unless otherwise stated in your contract. Leave must be granted upon request.
What does a collective labour agreement (cao) mean for me?
A collective labour agreement (cao) records agreements between employers and trade unions on, among other things, salary and working hours.
How does sick leave work?
In case of illness, you must immediately inform your employer. You are entitled to continued payment of wages during the first two years of illness.