Dismissed during probation before your first working day

Yes, under Dutch law an employer can end your employment contract during the probationary period (proeftijd) even before your first working day. The exception: the probationary clause must be valid, and the employer may not use it for a purpose that conflicts with good employership, such as discrimination.

The Limburg District Court confirmed this in a judgment of 12 February 2026 (ECLI:NL:RBLIM:2026:1410). Below we explain the rule, the limits that still apply and what you can do as an employee or an employer.

What happened in the Limburg case?

A new employee was dismissed by a casino a few days after signing her contract, before she had started work. The subdistrict court (kantonrechter) in Maastricht held that the dismissal was valid.

The parties signed a fixed-term contract for seven months on 21 October 2025. Work would start on 1 November 2025, with a probationary period of one month. Shortly after signing, the employee asked for a salary advance of €1,000 to cover her rent.

The employer refused the advance and ended the contract, invoking the probationary period. The termination was confirmed in writing on 27 October 2025. At that point, the employee had not worked a single day. She went to court and argued that the dismissal was invalid. In the alternative, she claimed fair compensation (billijke vergoeding) of seven gross monthly salaries.

Can your employer dismiss you before the job has started?

Yes. The law allows termination during the probationary period for as long as that period has not expired, and a period that has not yet started has not expired either.

Under Article 7:676 of the Dutch Civil Code (BW), both the employer and the employee may terminate the contract with immediate effect during the probationary period. The Dutch text says this is possible “zolang die tijd niet is verstreken”: as long as that period has not expired. The court found that the legislature chose this wording deliberately, so that termination is also possible before the employment actually begins.

Note what the court did not say. The probationary period itself does not start when you sign the contract. It runs from the first day of employment. The point is only that the right to terminate under the probationary clause already exists between signing and starting.

During probation, the employer does not need a reasonable ground for dismissal and does not need permission from the UWV or the court. No notice period applies. The party that terminates must, however, give the reason in writing if the other party asks for it (Article 7:676(2) BW). As an employee, it is sensible to make that request: the answer can matter if you later want to challenge the dismissal.

When is a probationary clause valid?

A probationary clause only counts if it meets the requirements of Article 7:652 BW. If it does not, the clause is void and the employer cannot rely on it.

The main requirements are these. The clause must be agreed in writing and must be the same for both parties. In a permanent contract, the probationary period may last at most two months. In a fixed-term contract of six months or less, no probationary period may be agreed at all. For a fixed-term contract of more than six months but less than two years, the maximum is one month. For a fixed-term contract of two years or longer, it is two months. A collective labour agreement (cao) may deviate in some cases.

A clause that breaks these rules is void under Article 7:652(8) BW. In the Limburg case, the seven-month contract with a one-month probationary period was valid, so the employer could rely on it. You can read the full text of the article on wetten.overheid.nl (Book 7, Title 10).

Where does good employership set a limit?

A valid probationary dismissal can still be unlawful if the employer acts contrary to good employership under Article 7:611 BW. You must then show concrete facts, such as discrimination or misuse of the clause.

The probationary period exists so that both sides can find out whether the job is a good fit. An employer who uses it for a completely different purpose may be misusing it. Dismissal because of pregnancy, a disability or trade union membership, for example, is not allowed during probation either. Equal treatment law continues to apply in full.

The burden lies with the employee. You must put forward sufficiently concrete facts that point to abuse of rights, discrimination or other special circumstances. If the employer disputes those facts with reasons, you must also prove them. Feeling that the dismissal was unreasonable is not enough.

Why did the employee lose her case?

The court found that she had not shown misuse of the probationary clause. Her claim for fair compensation failed because there had been no termination in breach of the law.

The employee said that the employer had offered salary advances when the contract was signed, and then dismissed her for asking for one. The employer denied this. It said it had only asked staff to report financial difficulties, to prevent cash theft. According to the employer, an advance was not standard practice.

The casino also pointed out that cash theft was a recurring problem. A new employee who needed an advance before her first working day was, in its view, an unacceptable business risk. Weighing the interests, and given the lack of substantiation by the employee, the court held that the employer had not breached good employership.

Fair compensation requires a termination in breach of Article 7:671 BW, among other provisions. Because the dismissal was valid, that claim failed too. The court also noted that the employee had started a new job on 3 November 2025, two days after her intended start date.

What does this mean for you as an employer?

You may end the contract under a valid probationary clause before the employee starts, without a reasonable ground. Check the clause first, and make sure your reason has nothing to do with discrimination or another improper purpose.

In sectors where financial integrity matters, such as hospitality, retail or financial services, the judgment offers some room. Early signs that a new employee may pose a risk can play a role. But the decision stays fact-specific. A different court may weigh the interests differently if the employee can show that the employer itself created the situation.

In practice, three points deserve attention. Record the probationary clause in the written contract and check the duration against the length of the contract. Confirm the dismissal in writing and without delay. And if the employee asks for the reason, give a factual and neutral answer in writing.

What does this mean for you as an employee?

Once you have signed, you are bound by the contract, but during probation you have little protection against dismissal. Your best chances lie in an invalid probationary clause or in proof of discrimination or misuse.

Start by checking the clause. Was it agreed in writing? Is the contract longer than six months? Does the period stay within the maximum? If the clause is void, the employer could not simply terminate with immediate effect. In that case you can ask the subdistrict court to annul the termination, which restores your right to salary, or claim fair compensation instead.

Also be aware that your conduct before the first working day can play a role. An employee who asks for an advance, changes the start date or questions agreed terms gives the employer information it may act on. If specific arrangements were made at signing, such as a promise of an advance, ask for them to be recorded in writing in the contract or an annex.

Which deadlines apply after a probationary dismissal?

If you want to challenge the dismissal in court, you generally have two months. That period runs from the day the contract ended.

A request to annul the termination or for fair compensation must be filed with the subdistrict court within two months (Article 7:686a(4) BW). Missing the deadline usually means losing the claim. So act quickly: ask for the reason in writing, collect the contract, messages and emails, and have the probationary clause checked. Keep a record of any job applications and a new job, as the court will take your actual loss into account.

Whether you receive unemployment benefit (WW) after a short employment depends on the UWV conditions, such as the number of weeks you worked. The UWV decides this, not your employer.

In summary

• An employer can end a contract under a valid probationary clause even before the first working day (Article 7:676 BW; ECLI:NL:RBLIM:2026:1410).
• The probationary period itself starts on the first day of employment, not on the day you sign.
• A clause that is not in writing, is unequal or is too long, or appears in a fixed-term contract of six months or less, is void (Article 7:652 BW).
• Good employership and equal treatment law still apply; the employee must show concrete facts of misuse or discrimination.
• A court challenge must usually be filed within two months after the contract ended.

Frequently asked questions

Law & More advises employees and employers on probationary clauses and dismissal. Unsure where you stand? Tell us about your situation. We will let you know your options within one working day.

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