Dismissed during probation: your rights

If you are dismissed during your probation period in the Netherlands, the employer may end the contract immediately, without notice, without permission from the UWV and without going to court. That freedom is not unlimited. The probation clause itself must satisfy strict conditions in article 7:652 of the Burgerlijk Wetboek, the reason for the dismissal may not be discriminatory, you are entitled to a transition payment from your first day of employment, and you may demand the reasons in writing. This article looks at the position from the side of the employee; the employer side is set out separately in our article on dismissing an employee during the probation period.

What your employer is allowed to do

Employment contract with a probation clause under Dutch law

During a valid proeftijd (probation period) either party may terminate the employment contract with immediate effect. There is no notice period, the termination may be given on any day within the probation period including the first and the last, and it can even be given before you have actually started work. It may be given orally, although a sensible employer confirms it in writing.The termination does not require the preventive review that governs almost every other dismissal in the Netherlands. Outside the probation period an employer needs either permission from the UWV, for redundancy or long-term incapacity, or an order from the subdistrict court on one of the statutory grounds, or your written agreement in a vaststellingsovereenkomst (settlement agreement). During the probation period none of that applies.The statutory prohibitions on termination fall away as well. Outside probation an employer may not terminate during the first two years of illness, during pregnancy and maternity leave, or because of works council membership. The Civil Code makes an express exception for termination during the probation period, which is why you can be dismissed while you are off sick. What does not fall away is the prohibition of discrimination, and that is where most successful challenges begin.One further point is often misunderstood. The probation period cannot be extended. Its end date is fixed by the contract, and illness, holiday or an agreement between the parties cannot move it. If the employer lets that date pass without terminating, the ordinary dismissal rules apply from the next day onwards, with everything that follows from them.

Check the probation clause first

Before anything else, check whether the probation clause is valid at all, because an invalid clause means there was no probation period and the dismissal was an ordinary termination without a lawful basis. Article 7:652 BW sets four conditions, and failing any one of them makes the clause void.The clause must be agreed in writing, in the employment contract itself or in an applicable collective labour agreement. It must be the same length for both parties. It must fall within the statutory maximum for the type of contract. And it may not be included in a follow-up contract with the same employer, or with a successor employer, for work that does not demand clearly different skills or responsibilities.

Maximum probation periods

Type of contract	Maximum probation period
Fixed term of six months or less	No probation period is permitted
Fixed term longer than six months but shorter than two years	One month
Fixed term with no end date fixed on the calendar, for example a project contract	One month
Fixed term of two years or longer	Two months
Contract for an indefinite period	Two months

A collective agreement can raise the one-month maximum to two months, so check the applicable cao before concluding that a two-month clause in a one-year contract is void. Apart from that exception the maxima are absolute: a clause that is one day too long is void in its entirety, and a void clause cannot be reduced to the lawful maximum.The consequence is decisive. If the clause is void, the employer had no right to terminate without a lawful ground, and the termination can be annulled by the subdistrict court or converted into a claim for compensation. In practice this is the argument that most often succeeds.

Second contracts, agency work and a change of employer

The rule against a probation clause in a follow-up contract catches more situations than employers expect, and it is worth testing in your own case. A new probation period in a second contract with the same employer for the same or similar work is void, because the employer has already had the opportunity to assess you. The same applies where the employer changes but the work does not: after a transfer of undertaking, or where you move from an agency assignment onto the payroll of the company where you were already working, the earlier period counts and a fresh probation clause is generally void.The narrow exception is a genuinely different position that demands clearly different skills or responsibilities, which the earlier period could not have tested. Courts read that exception strictly, and a promotion within the same field will rarely satisfy it. If you signed a second contract containing a probation clause, this is the first thing to check.

Dismissal before your first working day

A termination during the probation period can be given before you have actually started work, provided the contract has been concluded and the probation period has begun to run under it. That is lawful, and it happens. It does not remove your entitlement to the reasons in writing, and it does not remove the protection against discriminatory grounds. Where the employer withdraws a signed contract for a reason connected to something you disclosed between signing and starting, such as a pregnancy or a health condition, the position is the same as for any other probation dismissal and the case is often stronger, because there has been no opportunity at all to assess your suitability.

Ask for the reasons in writing

Employee reading a written statement of reasons after a probation dismissal

The employer does not have to give a reason when terminating during the probation period, but must give one in writing if you ask for it. Article 7:676 of the Burgerlijk Wetboek says so in as many words. Make the request in writing, keep it short and neutral, and set a short deadline. There is no formality to observe; an email is enough.The written reasons are the single most useful document you can obtain, for three reasons. They fix the employer explanation at a moment when the file has not yet been prepared for a dispute, so a later, different explanation becomes difficult to sustain. They allow you to test whether the stated ground has anything to do with your suitability for the work. And a refusal to give reasons, or an answer that is evasive, is itself a fact a court will weigh.Read the answer against what actually happened. A dismissal that follows within days of your telling the employer that you are pregnant, that you have a chronic condition, that you intend to take parental leave, or that you have raised a complaint about conduct at work, calls for an explanation that stands up on its own. Vague references to cultural fit, given without any prior feedback, are the weakest kind.

Reasons that are not permitted

The probation period allows an employer to end the contract because you are not the right person for the job. It does not allow the employer to end it for a reason the law prohibits. Equal treatment legislation applies in full during probation, and a dismissal motivated by any of the protected grounds is unlawful whatever the contract says.Those grounds include sex, which covers pregnancy, childbirth and maternity; race and ethnic origin; nationality; religion and belief; political conviction; sexual orientation; civil status; disability and chronic illness; age; and working hours or the fixed-term nature of the contract. Two of them recur constantly in probation disputes: pregnancy and chronic illness. Note the distinction the law draws. You may be dismissed while you are ill, because the prohibition on termination during illness does not apply in probation, but you may not be dismissed because you are ill or disabled, because that is discrimination.A separate category is victimisation. A dismissal that follows a complaint about discrimination, about unsafe working conditions, or a report made under the whistleblowing rules, is unlawful for that reason alone. So is a dismissal that punishes you for insisting on a statutory entitlement, such as the working hours in your contract or a leave entitlement.Beyond these prohibitions lies the general standard of good employer conduct in article 7:611 BW. An employer that never gave any feedback, that dismissed you for facts it knew before it hired you, or that used the probation period to solve a problem that had nothing to do with you, such as a change in the workload, acts in breach of that standard. The threshold is higher than for discrimination, but it is not theoretical.

What you are entitled to when the contract ends

Final settlement after a dismissal during the probation period

The transition payment is due. Since 2020 the entitlement to a transitievergoeding accrues from the first day of employment, so it also arises where the employer terminates during the probation period. It is calculated as one third of a gross monthly salary for each full year of service, pro rata for the remaining period, which after a few weeks produces a small amount, but it is an entitlement and not a favour. It is not due if you resign yourself, and it is not due if the termination was the result of seriously culpable conduct on your part.Alongside that comes the final settlement: salary up to and including the last day, the accrued and untaken holiday hours paid out, the pro rata holiday allowance, and any other components you had accrued. A non-competition clause in a fixed-term contract is only valid if it is accompanied by a written statement of compelling business interests, and clauses agreed for a short probationary engagement often fail that test; check it before you assume you are restricted.You are also entitled to a written statement of employment, a getuigschrift, if you ask for it. It must state the nature of the work, the working hours and the period of employment. The employer may add an assessment of the way you performed only at your request, which means an unfavourable remark cannot be inserted against your will.

Unemployment benefit after a probation dismissal

Whether you can claim WW, the unemployment benefit, depends first on who ended the contract. If the employer terminated, you are in principle not held responsible for the unemployment and the benefit is available. If you resigned during your probation period, you are as a rule regarded as culpably unemployed and no benefit is paid, which is a good reason not to resign in the heat of the moment when a dismissal is being suggested to you.The second question is whether you meet the entitlement condition. You must have worked in at least twenty-six of the thirty-six weeks preceding your first day of unemployment, and weeks worked for earlier employers count. Someone who moves from one job straight into a short probationary engagement will usually satisfy it; someone who has just entered the labour market may not.Register as a jobseeker with the UWV and apply for the benefit as soon as the contract ends, because the benefit does not run from a date earlier than the application. Ask the employer for written confirmation of the termination and its date, since the UWV will want to see it, and note that a verbal dismissal that the employer later disputes creates a real problem at exactly this point. A final practical point on the paperwork. Ask the employer to confirm in writing the date on which the employment ended, because that date starts every period that matters: the two months for a request to the court, the three months for the transition payment, and the moment from which unemployment benefit can run. Where the dismissal was communicated orally and the employer later names a different date, the burden of proving that the termination fell within the probation period lies with the employer, and the absence of any written record works against it.

How to challenge a probation dismissal

There is no appeal to the UWV and no internal procedure. The route is a petition to the kantonrechter (subdistrict court), and article 7:681 of the Burgerlijk Wetboek allows the court either to annul the termination, so that the contract revives with back pay, or to award a fair compensation, a billijke vergoeding, instead. Annulment is the stronger remedy on paper; in a relationship that has just begun, compensation is more often the realistic outcome.The deadlines are short and they are forfeiture periods, not limitation periods, which means that once they pass the claim is simply gone. A request under article 7:681 must be filed within two months of the day the employment ended. A claim for the transition payment must be filed within three months. Nothing suspends these periods, and the fact that you were negotiating, ill, or waiting for a written explanation does not extend them.What a court weighs is, first, whether there was a valid probation clause at all, and second, whether the reason for the termination was one the law permits. In discrimination cases the burden of proof is shared: once you put forward facts that give rise to a presumption of discrimination, it is for the employer to prove that no discrimination took place. That reversal is the reason why the timing of the dismissal, and the written reasons you obtained, matter so much.A parallel route is a complaint to the College voor de Rechten van de Mens, the Netherlands Institute for Human Rights, which examines discrimination complaints free of charge and issues a reasoned opinion. The opinion is not binding, but it carries weight and it can be used in the court case. It does not stop the two-month period from running, so do not wait for it before deciding whether to go to court.

What to do in the first days

Do not sign anything on the spot. A vaststellingsovereenkomst presented at the moment of dismissal usually contains a waiver of every claim, including the transition payment and any discrimination claim, in exchange for very little. You are entitled to time to consider it, and if you do sign one you have a statutory period of fourteen days in which to dissolve it without giving reasons.Do not resign, even where you are told that resigning is neater. Resignation costs you the transition payment and, as a rule, your unemployment benefit.Record the sequence of events while it is fresh: the date and time you were told, who was present, what was said, and what you had told the employer in the preceding days about health, pregnancy, leave or a complaint. Ask for the reasons in writing, and keep the contract, the correspondence and any feedback you received. Then check the probation clause against the maxima above, and take advice quickly, because the two-month period runs from the end of the contract and not from the moment you decide to act.Law and More advises employees who are dismissed during their probation period. We assess the validity of the probation clause, obtain and test the written reasons, and where there is a case we bring the request before the subdistrict court within the statutory period. We also negotiate settlement terms where that produces a better result than litigation. If you have just been dismissed, contact us with the contract and the termination message before the deadlines start to bite. For a wider view of termination in Dutch employment law, see our guide on how dismissal is handled legally.

Frequently asked questions about proeftijd en ontslag

Even when you have a good grasp of the basics, the real-world application of proeftijd en ontslag rules can bring up some tricky, specific questions. This section dives straight into the most common queries we see from both employers and employees as they navigate this crucial phase.Think of this as the troubleshooting part of our guide. We’ll tackle the “what if” scenarios that don’t always get covered in a general overview, giving you the confidence to handle those less common situations.

Can my probation period be extended if I am sick?

This is a very common question, and the answer is a firm and simple no. In the Netherlands, the probation period has a legally fixed end date. It cannot be extended for any reason, and that includes employee sickness.

If an employee is unwell for part of their proeftijd, the employer has to make a decision based on the performance and suitability they could observe while the employee was at work. The end date agreed upon in the contract is absolute.

Any attempt to lengthen the probation period, even if the employee agrees to it, is legally void. If the employer fails to give notice of dismissal by the final day of the original probation period, the employment contract simply continues, and all standard dismissal laws will apply from that point on.

This strict rule is in place to protect the employee, preventing employers from keeping someone in a prolonged state of uncertainty. Once the date passes, the employee gains the full protection of their employment contract.

What happens if I am dismissed on the very last day?

Dismissal is legally allowed right up to the final minute of the final day of the probation period. The critical factor is that the notice of termination must be communicated to the employee before midnight on that last day.

As long as the employer informs the employee of the dismissal within this window, the termination is valid and takes effect immediately. No notice period is required. For instance, if a one-month probation ends on January 31st, the employer can legally end the contract at any point on that day.

Because the timing can be so crucial, it’s highly advisable for employers to communicate the dismissal in a way that can be proven. A registered letter or an email with a read receipt creates a clear paper trail, which can be essential if the employee later disputes when they were told.

Do I have to give a reason for resigning during probation?

As an employee, you are under no legal obligation to give a reason for your resignation during the probation period. You have the same right as the employer to end the contract immediately and without needing to justify it.

You can let your employer know verbally or in writing. A simple statement like, “I am terminating my employment contract within the probation period, effective immediately,” is all that’s legally required.

Of course, while you don’t have to explain why you’re leaving, offering some constructive feedback can be a professional courtesy. It might even help the company improve its onboarding or role descriptions for the next person. Ultimately, though, the choice to share your reasons is entirely yours.

Is a probation period valid in a second contract?

This is a critical point that trips up many employers. As a general rule, a probation period is only valid for the very first employment contract between a particular employer and employee. The whole point of the proeftijd is for both sides to get to know each other and see if it’s a good fit.

Once that initial assessment is done and the working relationship continues, the law assumes the employer has had their chance to evaluate the employee. Trying to add a new probation clause into a second or successor contract for the same (or very similar) work is not allowed and will be considered void by the courts.

There are a few, very narrow exceptions. For example, if the employee moves into a new role that demands completely different skills or responsibilities that couldn’t have been judged in the first job. Be warned, however, that courts interpret these exceptions very strictly.

To better understand your broader protections in dismissal scenarios, including those outside of probation, you might be interested in our guide covering your full rights on dismissal. It provides essential information that complements the specifics of proeftijd en ontslag.