What are the rules of probation period for an employee?


probation period
probation period
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You can agree a probationary period with your employer. Depending on your employment contract, this probationary period may last a maximum of 1 month or 2 months.

Introductory period

A probationary period is a kind of familiarization period. During this period, you and your employer can terminate the employment contract immediately.

Duration of the probation period

The probationary period may last a maximum of 1 month if:

  • a temporary employment contract of more than 6 months but less than 2 years;
  • a temporary employment contract without an end date.

Different rules may apply to the probationary period for temporary employment contracts. This is only possible if this is stated in the collective labor agreement. Or in a regulation by or on behalf of a competent administrative body, such as a municipality.

The probationary period can last up to 2 months with:

  • a permanent employment contract;
  • a temporary employment contract for 2 years or longer.
  • With a temporary contract of 6 months or less, your employer may not agree on a probationary period.

What rules apply to a probationary period?

A probationary period is a kind of familiarization period. During this period, you and your employer can terminate the employment contract immediately. Different rules apply to the probationary period. For example, about dismissal during your probationary period.

Record the trial period in writing

You and your employer can agree on a probationary period. Your employer must then record in writing the length of your probationary period. The maximum duration of the probationary period depends on the duration of the employment contract. The probationary period is never longer than 2 months.

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Probationary period following contract

Is there a subsequent employment contract after your first fixed-term employment contract? In that case, in principle no probationary period may be agreed in the new successive employment contract. There is 1 exception to this. Does the position to which the new employment contract applies clearly requires different skills or responsibilities? In that case, a probationary period may have been agreed.

Dismissal during probation period

There is no preventive assessment by the UWV or the sub-district court for dismissal during the probationary period. There is no notice period. And there need not be 1 of the reasonable grounds for dismissal. Your employer also does not have to check whether he can reassign you within the organization.
Dismissal during the probationary period is also possible if you become ill. You will not receive a longer probationary period if you become ill during the probationary period. Does your employer fire you during the probation period while you are sick? Then you may be entitled to Sickness Benefits under the Sickness Benefits Act.

Resigning yourself during probation

You can resign during your probationary period. In this case, you do not have to adhere to a notice period. But you are not entitled to unemployment benefits if you resign yourself. You may be entitled to social assistance benefit from your municipality.

Give reason for dismissal during probation period

Does the employee or the employer terminate the contract during the probationary period? In that case, the person who cancels must state the reason for this in writing if the other person asks for it Learn More


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