The lawyer answer is: yes, unless....
Rights and duties
The main rule is that both employer and employee may terminate from one day to the next during the probationary period without giving any reason.
But note:
- A probationary period must be agreed upon in writing,
- a probationary period is allowed only on a first employment contract and not if you were a temporary worker there first,
- the period must be equal for employer and employee,
- depending on the type of contract and duration, the probationary period may be up to 2 months. Please note that for a contract shorter than 6 months, there is no probationary period,
- termination during the probationary period should never be for discriminatory reasons, such as because of illness, pregnancy or disability,
- the employer must also always act as a "good employer," for example, a probationary dismissal without reasons after working only one hour was not valid.
Farewell in the probationary period
Probationary dismissal is an easy way to part ways, but there are rules employers must follow.
This blog was written by Mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists entrepreneurs daily with a wide range of employment-related matters. From dismissal cases to drafting watertight contracts and policies – with his practical and personal approach, he helps employers and employees move forward. Want to know more?Visit Stijn's page.
Arbeidsadvocaat.nl is happy to think with you if you have questions about dismissal law. Please feel free to contact us.
December 2024
