Probationary period (proeftijd)

A probationary period (proeftijd) is an agreed opening period of the employment during which either party may terminate immediately, without notice and without giving reasons. Outside that period Dutch dismissal law applies in full, which makes the exact length and validity of the clause important.

Legal basis

Article 7:652 of the Dutch Civil Code sets the limits. The clause must be in writing and must be the same for employer and employee. No probationary period may be agreed for a contract of six months or less. For a fixed-term contract of more than six months but less than two years the maximum is one month; for a contract of two years or more, and for a contract of indefinite duration, the maximum is two months. A collective agreement may extend the one-month period to two months, but cannot go beyond that.

A clause that exceeds the statutory maximum is void in its entirety, not reduced to the permitted length. An employer who writes three months into an indefinite contract is therefore left with no probationary period at all.

How it works in practice

Within a valid probationary period either party can end the employment on the day itself. The employee is not entitled to a transition payment. The employer must state the reason if asked, and the ordinary prohibitions on discrimination continue to apply: dismissal because of pregnancy, illness as such, or a protected characteristic remains unlawful even during probation.

Where the same employee returns to substantially the same work, a fresh probationary period is generally not permitted. The same applies to a follow-up contract with the same employer for the same duties.

Where it goes wrong

The recurring error is the six-month contract. Employers routinely offer a contract of exactly six months with a one-month probationary period; the clause is void, and a termination in week three is then an ordinary dismissal without permission, with the corresponding exposure. The second common error is starting work before the contract is signed, which can leave the probationary period unagreed at the moment it is needed.