Probation period - in the Netherlands

What is the probation period under employment law in the Netherlands?

A probation period is the initial trial run that many employees must complete when they are first hired. An employer generally uses them to observe and evaluate the performance and conduct of new employees. Whilst this stage of employment does not provide the same levels of protection for fully fledged employees, this does not mean they are without any protection.

Requirements for a probationary period in the Netherlands

A probationary period must be agreed upon and outlined in writing in the employment agreement. This is a strict requirement under Dutch law, where the parties must both expressly agree to it. The only exception is if your work sector is covered under a collective labour agreement.

Some trial periods can be declared void, mainly where:

1. the duration of the contract does not exceed 6 months
2. when the nature of a contract is modified from a temporary agreement to a permanent one, without changes to the other terms of the contract
3. when the temporary contract is extended, with no other changes to the job role or the accompanying expectations.

Duration of a probationary period

The length of a probationary period is dependent on the overall duration of the employment agreement set between the parties. As such, it depends on the nature of the agreement, whether it is a fixed or non-fixed term.

For example:

1. for fixed term employment contracts lasting no longer than two years, the maximum probationary period available is one month
2. with a permanent employment agreement or a fixed term contract lasting beyond this two-year boundary, the maximum length for a probation period can reach two months
3. since January 2015, fixed term contracts under Dutch employment law lasting no longer than six months, cannot contain a probationary period.

It is important to note, that employment can be terminated at any time during the probation period, by both the employer or the employee’s resignation. In addition, a party ca proceeds with terminating the agreement without an obligation to give notice.

Collective Labour Agreement

In the event a collective labour agreement is applicable, then the rights of the parties under a probationary period can change. Primarily, this concerns the maximum duration of the probation period.

Depending on your sector of work, if your collective labour agreement was entered into after the 1st of January, 2015, and is existing for more than 6 months but less than two years, then the maximum duration for a notice period can be increased from one to two months.

Collective labour agreements need to be assessed on a case by case basis and would depend also on any appointed representatives or unions of the parties.