Can I agree on a probationary period in the employment contract with my employee?

probationary period can be agreed upon under three conditions:

  1. The probationary period is agreed upon in writing
  2. The probationary period meets the statutory deadlines
  3. The probationary period is of equal length for both parties

The statutory deadlines are:

  • Employment contract for an indefinite period: up to two months
  • Fixed-term employment contract:
    • Shorter than six months: no probationary period allowed
    • Between six months and two years: a maximum period of one month
    • Longer than two years: a maximum period of two months
    • Without set end date: a maximum period of one month

If the three conditions are not met, the probationary period clause is null and void and the “normal” dismissal rules apply. The probationary period clause is also null and void if the employee has previously worked for you as an agency worker or payroller or on the basis of a temporary contract.

During the probationary period, both the employer and employee can terminate the employment agreement with immediate effect. You do not need a reasonable ground for the termination and a preventive test at the UWV or the subdistrict court is not necessary. Nor do you have to take into account the notice period.

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Related questions

  • When does my employee's temporary contract become a permanent contract?

    You cannot conclude unlimited fixed-term employment contracts with an employee! A fixed-term contract will automatically become a permanent employment contract if:

    • More than three successive temporary contracts have been concluded, and/or
    • The total duration of several temporary contracts exceeds a period of three years

    Interruptions of less than six months between successive temporary contracts are included in the calculation. If there is an interruption of more than six months, a new series will start to run. In the case of a collective agreement, it is possible to deviate from this chain rule.