Probation Period
(NL: Proeftijd)
By F. Jager, 30-05-2022 , HR4Expats
During interviews, everything looks amazing, and both parties are excited to start the onboarding process. However, after a few weeks, it was not the right fit. That is why you have
your probation period (NL: proeftijd). Throughout the probation period, both you (the employee) and the employer have the option to terminate the contract at any moment without any
strings attached. But here are some things you need to know regarding the probation period.
A probation period is only valid if it is agreed upon in a written agreement. If the probation period was verbally mentioned, it is not valid. It is a law that a probation period
must be on a written agreement. Also, not for all contracts; a probation period can be implemented.
If your contract is for less than 6 months, it is not allowed to implement a probation period (as is seen in the table below). If your contract is longer than 6 months, it is allowed to implement
a probation period.
Only if it is written in the CAO applicable to your industry it is allowed to differentiate from the maximum period of
probation. However, it is not allowed to have a probation period of more than 2 months.
If an external employee (NL: Uitzendkracht), gets hired at the company of assignment for the same position you had before (as an external employee). In that case, a probation period is
not valid! In my experience, I have noticed that most companies are not aware of this. So often, the probation period is included in the contract while it is not valid. Cause
let’s fair; you have been working at the company as an external; if they didn’t like you, they could have just called the external company and asked for a replacement. You already did your type
of probation period.
To illustrate, John works as a sales employee at the X-Store via an employment agency. This makes John an external employee (since he works at the company via the employment agency). After 7
months, the X-Store wants to employ John. John agrees to quit his contract at the employment agency so that the X-Store can hire him. The X-Store offers John a 1-year contract for the position of
sales employee. In the contract, a probation period of 1 month is included. This is not allowed!
NOTE: when your contract gets extended by the company, it is not allowed to implement a new probation period. You got through the probation
period; it is done now.
Moreover, if you or your employer terminate the contract during the probation period, you still get a salary. You have the right to get paid for the days you have worked. This payment also
includes a holiday allowance. This is, of course, calculated to ratio. If you worked 1 week, you would receive the salary and holiday allowance (and holidays) based on 1 week working. You
can check if the company paid this correctly on your pay slip. Note that it might be paid the month after your contract was terminated. So, if you started working in April and after one week
during the probation period, the contract was terminated, you will receive the salary in April. However, the holiday allowance can be paid with the next month in May. Also, you can claim a
transition allowance if the company terminates the contract during the probation period.
After reading a bit more about the probation period, I hope it does not seem as scary. It should be an exciting new time at your work. You should not have to worry about these things. If it is
not the place for you, it is okay. That’s why you have the probation period to see if this new job fits you, your values, and your way of living.
Source:
- G.A. Diebels, De Kleine Gids voor het Nederlandse arbeidsrecht, Deventer: Wolters Kluwer 2020.
- Burgerlijk Wetboek Boek 7, artikel 652 (2021)