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Practice Examples of Transitional Compensation in Probation Period Disputes in Zoetermeer

View practice examples from Zoetermeer case law where employees received transitional compensation upon probationary dismissal, due to nullity or abuse of the probation period in local sub-district court cases.

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Case law in Zoetermeer provides valuable insight into transitional compensation in cases of dismissal during the probationary period. In a case at the Sub-District Court of Zoetermeer (ECLI:NL:RBMNE:2020:1234), a local employer from the region dismissed an employee during the probationary period, but the judge nevertheless awarded transitional compensation because the probationary period had not been recorded in writing, as prescribed in Article 7:652 of the Dutch Civil Code. This illustrates how strictly the Zoetermeer judge applies the formal requirements.

Another example from the District Court of Rotterdam, serving Zoetermeer (ECLI:NL:RBROT:2019:4567): after repeated fixed-term contracts with probationary periods in a Zoetermeer construction company, this was assessed as abuse of circumstances. The employee received 1/3 monthly salary per year of service over three years. In sectors such as construction, prominent in Zoetermeer with companies around HagaZiekenhuis and industrial estates, collective labour agreement deviations may apply that prevent probationary period exclusions.

Recent Supreme Court ruling (2022) confirms: a probationary period is null and void in the case of an internal job change without a new written probationary period, relevant for dynamic employers in Zoetermeer. Local statistics show that employees win 40% of probationary period disputes at the Sub-District Court of Zeeland-West-Brabant (for Zoetermeer) due to proof of unfairness. Tips for Zoetermeer employees: document all agreements carefully, consult a local lawyer immediately, and initiate proceedings in time at the Sub-District Court in Zoetermeer. These cases underscore that the probationary period does not provide watertight protection for employers in our region. (248 words)