Dismissal During Probation in the Netherlands (Ontslag Tijdens de Proeftijd)

Being dismissed during your probationary period can come as a shock, especially if you have just left a previous job or relocated for the position. During the probation period (proeftijd), both you and your employer can terminate the employment contract immediately, without notice period and without the usual dismissal protections. However, the rules governing the probation clause are strict, and not every probationary dismissal is lawful. In this article you will learn everything about probation rules under Dutch employment law, when a probationary dismissal is invalid, what protection you have against discrimination, and what steps you can take.

What is the probation period?

The probation period (proeftijd) is a trial period at the beginning of the employment contract during which both the employer and the employee can terminate the contract immediately, without needing to observe a notice period and without requiring permission from the UWV or the subdistrict court. The legal basis for the probation period is found in Articles 7:652 and 7:676 of the Dutch Civil Code (BW).

The purpose of the probation period is to give both parties the opportunity to assess whether the employment relationship is a good match. The employer can evaluate whether you are suitable for the position, and you can assess whether the job and the organisation meet your expectations. During this period, the extensive Dutch dismissal protections do not fully apply, which gives both parties the flexibility to end the relationship quickly if it is not working out.

However, this flexibility is not unlimited. The law imposes strict requirements on the probation clause, and several forms of protection remain in place even during probation. Understanding these rules is essential for assessing whether your probationary dismissal is lawful.

Rules for a valid probation clause

A probation clause is only valid if it meets all of the following requirements set out in Article 7:652 BW:

The clause must be in writing

The probation clause must be agreed upon in writing, either in the individual employment contract or in an applicable collective labour agreement (CAO). A verbal agreement about a probation period is not valid. If your employer claims there was a probation period but it was not included in your written contract or CAO, the clause is void and the probationary dismissal is invalid.

Equal duration for both parties

The probation period must be identical in duration for both you and your employer. If the contract states that the employer has a two-month probation period while you only have one month, the entire clause is void (Article 7:652 paragraph 4 BW). This means neither party can invoke the probation clause.

Agreed before the start of employment

The probation clause must be agreed upon at or before the start of the employment contract. It cannot be introduced during the course of the employment. In practice, this means the clause must be in the contract you sign before your first working day. An exception may apply when a new employment contract is concluded for a substantially different position — in that case, a new probation clause may be valid.

Maximum duration must be respected

The law sets maximum durations for the probation period depending on the type and length of the contract. If the agreed probation period exceeds the legal maximum, the entire clause is void.

Maximum duration of the probation period

The maximum duration of the probation period depends on the type and length of the employment contract. Article 7:652 BW distinguishes the following situations:

• Temporary contract of 6 months or less: no probation period is permitted at all. Any probation clause in a contract of 6 months or shorter is void.
• Temporary contract of more than 6 months but less than 2 years: maximum 1 month probation.
• Temporary contract of 2 years or more: maximum 2 months probation.
• Temporary contract without a specific end date (for example, for the duration of a project): maximum 1 month probation.
• Permanent contract (contract voor onbepaalde tijd): maximum 2 months probation.

If the applicable collective labour agreement (CAO) contains provisions about the probation period, those provisions may deviate from the statutory maximum of one month — but only for temporary contracts. The CAO may extend the probation period for temporary contracts to a maximum of 2 months, provided the contract is for more than 6 months. The CAO cannot set a probation period longer than 2 months in any case.

When is the probation clause invalid?

The probation clause is void (nietig) and cannot be relied upon by either party in the following situations:

• The clause was not agreed in writing (not in the contract or CAO).
• The clause specifies different probation durations for the employer and the employee.
• The agreed duration exceeds the legal maximum for the type of contract.
• The contract is for 6 months or less.
• It is a subsequent contract with the same employer for the same type of work.
• The clause was agreed after the employment had already started (unless for a substantially different position).

If the clause is void, any dismissal based on the probation clause is invalid. The employer would need to follow the regular dismissal procedure, which includes permission from the UWV or the subdistrict court and observance of the applicable notice period. If your employer dismissed you under an invalid probation clause, you may be entitled to continued salary payment and compensation.

Rules for dismissal during probation

During a valid probation period, the employer can dismiss you immediately. The employer does not need to observe a notice period, does not need permission from the UWV or the court, and does not need a specific dismissal ground. This gives the employer significant flexibility. However, this flexibility is not absolute. There are limits:

Reason on request

Under Article 7:676 paragraph 2 BW, if you request it, the employer must inform you of the reason for the dismissal in writing. You have the right to know why you were dismissed, even during probation. The employer must provide this reason promptly after your request.

Timing

The probationary dismissal must occur during the probation period. If the employer dismisses you one day after the probation period has expired, the regular dismissal rules apply in full. The probation period is calculated in calendar days, starting from the first day of the employment contract (not necessarily the first working day). If your contract starts on the 1st of the month and you have a one-month probation period, the probation ends at the end of the last day of the month.

No abuse of rights

Even during probation, the employer may not abuse the right to dismiss. If the employer uses the probation clause for a purpose other than assessing your suitability for the job, the dismissal may be unlawful. For example, if the employer knew before hiring you that they would dismiss you during probation (for instance, to temporarily fill a gap), this may constitute abuse of rights.

Discrimination during probation

One of the most important protections that remains in force during the probation period is the prohibition of discrimination. The Dutch Equal Treatment Act (Algemene wet gelijke behandeling, AWGB) and the European anti-discrimination directives apply without restriction during the probation period. Your employer may not dismiss you during probation based on:

• Gender, pregnancy, or maternity
• Race, ethnicity, or national origin
• Religion or belief
• Age
• Disability or chronic illness
• Sexual orientation
• Political opinion
• Marital status
• Working hours (full-time vs. part-time)
• Type of contract (temporary vs. permanent)

If you suspect your probationary dismissal was motivated by discrimination, you can file a complaint with the Netherlands Institute for Human Rights (College voor de Rechten van de Mens) and/or challenge the dismissal in court. If the facts suggest discrimination, the burden of proof may shift to the employer, who then needs to demonstrate that the dismissal was based on legitimate, non-discriminatory grounds.

Dismissal during probation and illness

The dismissal ban during illness (opzegverbod bij ziekte), which normally prevents an employer from terminating the employment contract during the first two years of illness, does not apply during the probation period. This means your employer can lawfully dismiss you during probation even if you are ill, provided there is a valid probation clause and the dismissal is not motivated by the illness itself (which could constitute discrimination based on disability or chronic illness).

However, if you become ill during your probation period and your employer dismisses you, you may be entitled to Sickness Benefits (Ziektewet-uitkering) from the UWV. Unlike a regular employment termination, where the employer is responsible for continued salary during illness for up to two years, a probationary dismissal during illness means the obligation shifts to the UWV. You must report your illness to the UWV on the first day of unemployment to claim these benefits.

Your rights upon probationary dismissal

Even with a valid probationary dismissal, you retain certain rights:

• Severance pay: since 1 January 2020, you are entitled to severance pay (transitievergoeding) from the first day of employment. This means that even if you are dismissed during probation, you are entitled to severance pay, although the amount will typically be small given the short duration of employment.
• Payment of hours worked: your employer must pay you for all hours worked, including any overtime.
• Accrued holiday pay and holiday allowance: you are entitled to payment of accrued but unused holiday days and accrued holiday allowance (vakantiegeld), typically 8% of your gross salary.
• Certificate of employment: your employer is legally obligated to provide you with a certificate of employment (getuigschrift) upon request, under Article 7:656 BW.
• Reason for dismissal on request: as mentioned, you have the right to receive a written explanation of the reason for your dismissal.

Unemployment benefits after probationary dismissal

Whether you are entitled to unemployment benefits (WW-uitkering) after a probationary dismissal depends on several factors:

The weeks requirement (wekeneis)

To qualify for unemployment benefits, you must have worked at least 26 of the last 36 weeks before your first day of unemployment. If you have only just started your new job and have not worked elsewhere recently, you may not meet this requirement. However, if you had previous employment, those weeks count towards the requirement.

No culpable unemployment

The UWV assesses whether you became unemployed through your own fault. A probationary dismissal by the employer is generally not considered culpable unemployment, provided you did not deliberately cause the dismissal. If you were dismissed because you simply were not a good fit for the role, this is typically not considered your fault.

Previous employment matters

If you left a secure previous job to take the new position and were then dismissed during probation, the UWV will look at the circumstances. In principle, voluntarily leaving a previous job (benadelingshandeling) can affect your benefit rights. However, courts and the UWV generally accept that taking a new job is a reasonable decision, and you should not be penalised for doing so unless there were clear warning signs that the new job was not genuine.

What to do if you are dismissed during probation

If your employer dismisses you during the probation period, the following steps can help protect your rights and improve your situation:

1. Request the reason in writing. Ask your employer to provide the reason for the dismissal in writing. You have a legal right to this under Article 7:676 paragraph 2 BW. The stated reason may be important if you later want to challenge the dismissal (for example, if it reveals discriminatory motives).
2. Check the probation clause. Verify that the probation clause in your contract is valid: is it in writing, is the duration within the legal maximum, is it equal for both parties, and is the contract longer than 6 months? If the clause is invalid, the entire probation period is void and the dismissal may be unlawful.
3. Check for discrimination. Consider whether the reason for dismissal might be connected to a protected characteristic such as pregnancy, age, disability, religion, or ethnicity. If you suspect discrimination, document all relevant facts and communications.
4. Claim your final payments. Ensure you receive payment for hours worked, accrued holiday days, holiday allowance, and severance pay. Request a final pay slip from your employer.
5. Register with the UWV. Register as a jobseeker on the first working day after your employment ends to protect your unemployment benefit rights.
6. Seek legal advice. If you believe the dismissal is unlawful (invalid clause, discrimination, abuse of rights), consult a lawyer. You can have your situation assessed for free by our lawyers to understand your options.

Frequently asked questions about dismissal during probation

Can I be dismissed during probation without reason?

Yes, during a valid probation period, your employer can dismiss you without having to provide a reason at the time of dismissal. However, you have the right to request a written reason after the dismissal. Additionally, the dismissal may not be discriminatory or constitute abuse of rights.

Is a probation period allowed in a 6-month contract?

No. Under Article 7:652 paragraph 4 sub b BW, a probation clause in a temporary contract of 6 months or shorter is void. If your employer has included a probation clause in a 6-month contract and dismissed you based on it, the dismissal is invalid because the clause is void.

Can I be dismissed during probation while I am ill?

Yes, the dismissal ban during illness does not apply during the probation period. Your employer can dismiss you even if you are ill, provided the dismissal is not motivated by the illness itself. If you are dismissed while ill, you may be entitled to Sickness Benefits (Ziektewet) from the UWV.

Am I entitled to severance pay if dismissed during probation?

Yes. Since 1 January 2020, you are entitled to severance pay from day one of employment. The amount after a probationary dismissal will be small due to the short employment duration, but it is your legal right.

What if I was hired as a replacement and then dismissed during probation?

If you left a previous job to take the new position and were then dismissed during probation, you may be in a particularly difficult position. In some cases, if the employer knew at the time of hiring that the position was only temporary and used the probation clause to avoid offering a proper contract, this may constitute abuse of rights. Document the circumstances and seek legal advice.

Can a probation period be extended?

No. The probation period cannot be extended, even if you were absent (due to illness or holiday) during part of the period. The agreed probation period is fixed, and it runs in calendar days from the start date of the contract. The only exception would be if the collective labour agreement explicitly provides for a different calculation, which is rare.