On the surface, dismissing an employee during their probation period — known in Dutch as ontslag bij proeftijd — seems incredibly simple. The common understanding is that either the employer or the employee can walk away immediately. But while this flexibility is a key feature, it’s tightly controlled by Dutch law. This isn’t a free-for-all; both parties have distinct rights and responsibilities that have to be respected for a dismissal to be valid.
Understanding Probation Period Dismissals
Think of a probation period as a ‘test drive’ for a new job. It’s a practical way for both the employer and the new hire to see if the role, the company culture, and the person are a good match without being locked into a long-term commitment.
During this trial phase, either side can end the employment relationship without needing to go to court or get permission from the UWV (Employee Insurance Agency). Crucially, there’s no notice period. This is why it’s often called the “ijzeren proeftijd” or “iron probation period” — its rules are rigid and must be followed to the letter.
The Core Principle of Flexibility
The biggest advantage here is speed and simplicity. If an employee finds the job isn’t what they were sold, they can leave. If an employer sees that a new hire just isn’t a fit for the team or the tasks, they can end the contract instantly. It’s a clean break that avoids the often complex and lengthy dismissal procedures that apply to regular Dutch employment contracts.
However, this flexibility isn’t absolute. The law provides a protective framework to ensure the system is fair and isn’t abused. For instance, while an employer doesn’t have to give a reason for dismissal upfront, they are legally obligated to provide one if the employee asks. This is a vital protection to prevent misuse.
Key Rules at a Glance
A dismissal during the probation period is only lawful if it meets several strict conditions. Get any of these wrong, and the termination can be deemed unlawful, potentially leading to serious legal and financial trouble for the employer.
The key takeaway is this: while a probation period offers an ‘easy exit’, that exit must still pass through a gate of fundamental legal fairness. A dismissal cannot be discriminatory or violate the principle of being a ‘good employer’ (goed werkgeverschap).
To help you get a clear picture, we’ve put together a table summarizing the essential rules that govern a valid probation period and any dismissal that happens within it.
Key Rules for Probation Period Dismissal
| Aspect | Rule/Condition |
|---|---|
| Written Agreement | The probation period clause must be in writing and agreed upon before the employment starts. A verbal agreement has no legal standing. |
| Contract Duration | A probation period is only allowed for contracts lasting longer than six months. Contracts of six months or less cannot legally have one. |
| No Discrimination | The reason for dismissal cannot be discriminatory. This includes termination based on pregnancy, illness, gender, religion, or origin. |
| Good Faith | Both parties must act reasonably. An employer can’t use the probation period for reasons unrelated to assessing the employee’s suitability. |
These foundational rules are just the starting point. Understanding them is absolutely essential before we dive into the more detailed aspects of ontslag bij proeftijd.
Creating a Legally Valid Probation Period
For an ontslag bij proeftijd to hold up, the probation period clause itself must be legally sound from the very beginning. Think of it like the foundation of a house; if the foundation is flawed, anything built on top is unstable. Under Dutch law, the rules for creating this foundation are strict, and even a minor mistake can invalidate the entire clause.
The first, non-negotiable rule is that the probation period must be agreed upon in writing. A verbal agreement simply isn’t sufficient and holds no legal weight. Critically, this written agreement must be finalised before the employee starts their first day of work. Including it in a contract signed a week into the job is too late and renders the clause void.
Beyond that, the validity of a probation period is directly tied to the duration of the employment contract. This is a common tripwire for employers.
Contract Duration and Maximum Probation
The length of the employment contract dictates whether a probation period is allowed at all and, if so, for how long. These rules are clear-cut and allow for no deviation.
- Contracts of 6 Months or Less: A probation period is strictly forbidden. Including one makes the clause automatically null and void.
- Contracts Longer Than 6 Months but Shorter Than 2 Years: The maximum probation period is one month.
- Permanent Contracts (Indefinite Term) or Fixed-Term Contracts of 2 Years or Longer: The maximum probation period is two months.
These timelines are absolute maximums. An employer and employee can agree to a shorter period, but never a longer one. For instance, setting a two-month probation for a one-year contract would invalidate the entire clause.
A flawed probation clause isn’t just a minor administrative error. It means the special, more flexible rules for dismissal do not apply. If an employer proceeds with an ontslag bij proeftijd based on an invalid clause, the dismissal is unlawful.
The Cost of Getting It Wrong
The precision required here cannot be overstated. A recent court case powerfully illustrates this point. An employer terminated a contract during what they believed was a valid probation period. However, the court found the contract’s duration was ambiguous. It could be interpreted as lasting longer than six months by just two days, which in turn voided the one-month probation clause that was only valid for contracts over six months.
This seemingly tiny error had significant consequences. The dismissal was ruled illegal, and the employer was ordered to pay a transition payment plus fair compensation of at least €17,000. This case underscores just how crucial precise contract wording is, as minor mistakes can expose an employer to substantial financial penalties. You can find out more about how a mistake in the probationary period can be costly for the employer.
These details highlight the importance of careful contract drafting, as you can see in our overview of common legal mistakes. Ensuring every aspect of the probation period aligns perfectly with Dutch law is the first and most critical step in managing employment relationships correctly.
What Every Employee Should Know About Their Rights
Being told your contract is terminated during your probation period—an ontslag bij proeftijd—can feel like the rug has been pulled out from under you. It’s abrupt, often unexpected, and can leave you feeling powerless. But it’s vital to know that even in this trial phase, Dutch employment law provides you with significant protections.
While it’s true that an employer can end the contract during probation without initially stating a reason, their flexibility isn’t absolute. If you’re dismissed, you have the undeniable right to ask your employer why.
Once you ask, they are legally required to give you that reason in writing. This isn’t just a courtesy; it’s a fundamental accountability measure built into the law.
The Right to a Non-Discriminatory Reason
The reason they provide is incredibly important. Dutch law is firm on this point: a probation period dismissal cannot be a cover for discrimination. An employer is not allowed to terminate your contract based on factors like:
- Pregnancy or family planning: Letting an employee go shortly after they announce a pregnancy is a massive red flag for discriminatory dismissal.
- Illness: You can be dismissed while you happen to be sick, but the illness itself cannot be the reason. The employer would still need to show the decision was about your fit for the role.
- Protected characteristics: This is a broad category that includes your gender, ethnicity, religion, political views, or sexual orientation.
A dismissal that stems from any form of discrimination is unlawful, even within the so-called “iron probation period.” If you feel the reason you were given doesn’t add up or is masking a discriminatory motive, you could have a strong case to challenge the termination. Speaking with a legal expert can help you understand your options and give you a clearer overview of your legal rights.
The Right to a Transition Payment
One of the most common misconceptions about probation is that you walk away with nothing financially. That’s simply not true anymore. A crucial change in Dutch law means you start building your right to a transition payment—the transitievergoeding—from your very first day on the job.
This means if your employer ends the contract, you are owed severance pay, regardless of how briefly you were employed. Since January 1, 2020, this right applies to all employees whose contracts are terminated by their employer, and that absolutely includes during a probation period. The law was specifically designed to offer a cushion for job loss and to make employers think twice before letting someone go.
The payment is calculated from your salary and the short time you worked, so while the amount might be modest, your entitlement to it is solid. It completely dismantles the old myth that an ontslag bij proeftijd leaves you empty-handed.
An Employer’s Guide to Fair Probation Management
While the probation period offers valuable flexibility, it also comes with significant responsibilities. Getting this period right isn’t just about ticking legal boxes; it’s about living up to your duty as a ‘good employer’ (goed werkgeverschap). This core principle of Dutch employment law demands that you act fairly and reasonably, even when the law appears to permit a swift dismissal.
Sure, a verbal dismissal during probation is legally valid, but it’s a risky move. Without anything in writing, you can easily find yourself in a messy “he said, she said” argument over whether the dismissal actually happened within the probation window. Always, always confirm a termination in writing. It creates a clear, indisputable timeline and shields you from unnecessary legal headaches down the road.
This written notice should be professional, clear, and state the exact date the employment ends. Although you don’t need a judge’s green light for an ontslag bij proeftijd, handling it with care and professionalism is non-negotiable for protecting your organisation.
Standard Dismissal Versus Dismissal for Serious Cause
It’s vital to know the difference between a standard probation dismissal and one for a ‘serious cause’ (dringende reden). A standard dismissal is simply when you realise the employee isn’t the right match for the job. This could be about performance, skills, or even just how they fit with the team.
A dismissal for ‘serious cause’, on the other hand, is a much heavier affair. This is reserved for severe misconduct like theft, fraud, or blatant insubordination. Unsurprisingly, the rules for this kind of instant dismissal are far more stringent.
The heart of an employer’s duty during probation is to genuinely assess if the employee is a good fit. This means setting clear expectations, giving regular feedback, and keeping a record of their progress. A dismissal should be the logical outcome of that careful evaluation, never a snap judgment.
The process for a standard probation dismissal is straightforward, but it’s still guided by the principle of fairness. For example, Dutch labour law is quite flexible here, as you typically don’t need prior approval from the UWV or the courts. But that flexibility assumes you’ve done your due diligence as an employer. A wrongful dismissal can still lead to legal action. You can discover more insights about employer obligations in the Netherlands on Deloitte.com.
Best Practices for Fair Management
To make sure any probation period termination is handled fairly and professionally, stick to these key practices. They do more than just minimise legal risk—they protect your company’s reputation.
- Provide Regular Feedback: Don’t spring concerns on an employee at the last minute. Schedule regular, documented check-ins to talk about performance and expectations. No surprises.
- Be Honest and Clear: If you have to let someone go, give them a clear and honest reason if they ask for one. Vague or misleading explanations can breed suspicion and might be challenged later.
- Document Everything: Keep a paper trail. This includes records of performance reviews, feedback sessions, and any specific incidents that informed your decision.
- Act Promptly: Once you’ve made the decision, communicate it without delay. Dragging things out is unfair to the employee and can create legal ambiguity if you accidentally let the probation period lapse.
Common Mistakes and How to Avoid Them
Handling an ontslag bij proeftijd can feel like you’re navigating a legal minefield. For both employers and employees, one small misstep can turn what should be a straightforward process into a messy and expensive dispute. The best way to make sure the end of an employment relationship is handled correctly is to know the common pitfalls before you encounter them.
For employers, the most frequent and costly mistake is relying on an invalid probation clause. As we’ve covered, this can happen if the clause was never put in writing or if it breaks the strict rules tied to the contract’s duration. If you proceed with a dismissal based on a void clause, the termination is instantly unlawful. Simple as that.
Another major trap is unintentional discrimination. The flexibility of the probation period is high, but it’s not a shield against illegal behaviour. Any dismissal has to be about the employee’s suitability for the job, not about protected characteristics like age, religion, or pregnancy.
Common Employer Pitfalls
Let’s walk through a few mini-scenarios where employers can get it wrong:
- The Vague Dismissal: An employer simply tells an employee, “it’s just not working out,” and offers no further explanation. When the employee asks for a written reason, the employer either delays or gives a flimsy excuse. This immediately raises suspicion that the real reason might be discriminatory, perhaps because the employee recently announced they are pregnant.
- The Social Media Firing: A manager stumbles upon an employee’s personal LinkedIn posts, which express strong political views that the manager finds unsettling. Citing a desire to keep a “respectful workplace,” the manager fires the employee during their probation. A recent Dutch case demonstrated how this can be ruled as discrimination based on political conviction, leading to a judgment of over €45,000 in damages.
- Ignoring the ‘Good Employer’ Duty: Throughout the entire probation period, an employer offers zero feedback or guidance. Then, on the very last day, they dismiss the employee for underperformance. This failure to assess and guide an employee fairly can be seen as a breach of goed werkgeverschap (good employership), which seriously weakens the employer’s position if the dismissal is challenged.
A probation period is a tool for assessing suitability, not a licence to act without accountability. Every action an employer takes must stand up to scrutiny, especially when it comes to the reason for dismissal. A hard lesson for one employer can be a valuable insight for others, as seen in this discussion on legal challenges during probation.
Critical Employee Oversights
Employees can also make critical errors that undermine their rights during an ontslag bij proeftijd. The single biggest mistake is simply accepting a dismissal without asking any questions.
A common oversight is not requesting a written reason for the dismissal. Without this vital piece of information, you have no way of knowing if the termination was lawful. You have a legal right to this explanation, and it’s the key that unlocks any potential next steps.
Another frequent mistake is being unaware of the right to a transition payment. Many employees incorrectly assume that a short employment period means they walk away with nothing. Remember, you start accruing this right from your very first day of work. Your employer is obligated to pay it, regardless of how brief your time with the company was.
Answering Your Questions About Probation Dismissal
Even when you think you have a handle on the rules, real-life situations around an ontslag bij proeftijd (probation period dismissal) can throw up tricky questions. Let’s walk through some of the most common scenarios people ask about, so you can see how these principles play out in the real world.
Can I Be Dismissed During Probation if I Am Sick?
Yes, an employer can legally end your contract while you are on sick leave during your probation period. This often comes as a surprise, because the strong legal protections that normally shield sick employees from dismissal don’t fully apply during this trial phase. The law grants employers the flexibility to terminate the contract without waiting for you to recover.
But there’s a massive caveat here. The dismissal cannot be because you are sick. If your illness is the direct reason for letting you go, it crosses the line into discrimination, which is illegal. Your employer must be able to show their decision was based on other legitimate factors—for instance, a genuine belief that you aren’t the right fit for the role, regardless of your temporary health issue.
What if My Employer Gives No Reason for My Dismissal?
Initially, an employer isn’t legally required to state a reason when they tell you you’re being dismissed during probation. They can simply inform you that the contract is ending. This is a key feature of the so-called ‘iron probation period’.
However, this is not the end of the story. You have a fundamental right to know why you were let go. If you ask for the reason, your employer is legally obligated to provide it to you in writing. This isn’t optional for them. Getting this written explanation is critical, as it becomes the official justification you can use to check if the ontslag bij proeftijd was lawful and non-discriminatory.
An employer’s refusal to provide a reason when you ask is a major red flag. It can seriously weaken their legal position if a dispute arises, as it might suggest they are trying to hide an unlawful or discriminatory motive.
Does My Employer Owe Me a Transition Payment?
Yes, absolutely. Under current Dutch employment law, you start building up the right to a transitievergoeding (transition payment) from your very first day on the job. This entitlement applies even if you’re dismissed within the probation period, busting the common myth that you have to leave empty-handed.
Whether you worked for one week or one month, you are legally entitled to this pro-rated payment if your employer is the one ending the contract. The amount will, of course, be quite small, calculated based on your salary and the very short time you were employed. But the legal right itself is set in stone.
Is a Verbal Dismissal During Probation Legally Valid?
Technically, yes. A verbal dismissal during the probation period is legally valid. The law doesn’t specify that the notice must be in writing; a simple spoken statement is enough to terminate the employment relationship.
However, relying on a verbal notice is a terrible idea for everyone involved and is strongly discouraged.
- For the employer: It creates a huge evidence problem. They would find it incredibly difficult to prove exactly when the dismissal was communicated, which is vital for showing it happened before the probation period ran out.
- For the employee: Without any written proof, you can face major roadblocks when applying for unemployment benefits or trying to enforce your rights.
For everyone’s protection and legal clarity, it’s always best practice to ensure any dismissel in probation period is confirmed in writing. A formal letter or email stating your final day of employment creates an official record and helps prevent messy disputes down the line.
