Probationary Period in Employment Contracts in Zoetermeer
A probationary clause provides both employer and employee the opportunity to determine whether the collaboration is satisfactory.
Statutory Requirements
- Must be recorded in writing
- Equal duration for both parties
- Maximum length depending on contract type
Maximum Probationary Period Duration
| Type of Contract | Probationary Period Duration |
|---|---|
| Shorter than 6 months | Not permitted |
| 6 months to 2 years | Maximum 1 month |
| 2 years or longer / indefinite term | Maximum 2 months |
Invalid Probationary Period
If a probationary clause does not meet the statutory requirements, it is considered null and void, and the standard dismissal rules apply.
No Probationary Period upon Contract Extension
Upon extension of an employment contract, it is not permitted to include a new probationary period.
Termination during Probationary Period
With a valid probationary clause, the contract may be terminated immediately, without notice period or entitlement to transition payment.
Statutory basis: Article 7:652 of the Dutch Civil Code
Frequently Asked Questions about Employment Law 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 an employer dismiss me without reason?
No, dismissal often requires approval from the UWV and must be based on valid grounds. Prior warnings are usually necessary.
How many paid vacation days am I entitled to?
At least 20 paid vacation days per year, unless otherwise stipulated in your employment contract. Leave must be granted upon request.
What is a collective labour agreement (cao) and what does it mean for me?
A cao (collective labour agreement) records agreements between employers and trade unions on matters such as salary, working hours, and employment conditions.
What should I do in case of illness?
You must inform your employer immediately of illness. You are entitled to continued pay during the first two years of sick leave.
Specific Questions about Probationary Periods
What does a probationary period in an employment contract entail?
A probationary period that does not comply with the statutory rules is invalid, and the regular dismissal rules apply.
What are the statutory requirements for a probationary period?
No new probationary period may be included upon extension of a contract.
What are my rights and obligations during the probationary period?
During a valid probationary period, the contract may be terminated immediately without notice period or transition payment.
What if the probationary period rules are not complied with?
You retain rights to a safe workplace, minimum wage, vacation days, and protection against unequal treatment.
Common mistakes with probationary periods?
Dismissal without UWV approval or without valid grounds is not permitted. Warnings are often required.
When to seek legal assistance?
It is advisable to seek legal advice in case of uncertainty about rights and obligations, conflicts with an employer, or if your treatment appears unfair. Early advice can prevent costs and problems.
Summary
The probationary period in employment contracts is an essential part of Dutch employment law. Both employers and employees must comply with specific rules and obligations. Non-compliance can have legal consequences.
Key Points
- Probationary period is laid down in the Dutch Civil Code
- Rights and obligations apply to both parties
- Breach of rules may lead to legal action
- In case of doubt, legal advice is recommended
- Clarity and good agreements prevent conflicts
For legal support in Zoetermeer: Contact the Juridisch Loket Zoetermeer or the District Court of The Hague (district).