Probation: validity, duration and dismissal in the first weeks

1. Start with the written agreement

Probation must be agreed in writing and be equal for both parties. Check the signed contract, signing date and any reference to a cao, a collective labour agreement. If you started work before the wording was recorded, this may raise questions about what was agreed in time. An oral statement on your first day that you will “first work a month on trial” is not a secure legal basis.

Keep the offer, your acceptance and correspondence about joining. Check whether the contract was later amended and whether that includes another probationary period. The employer’s label, such as introductory month, does not change the assessment. What matters is whether it invokes the special ability to give notice immediately.

2. Which maximum duration fits your contract?

A fixed-term contract of six months or less cannot include probation. For a contract longer than six months but shorter than two years, the main rule is a maximum of one month. For an indefinite contract or a fixed-term contract lasting two years or more, up to two months is possible. For a fixed-term contract without a calendar end date, the main rule is one month.

A cao can permit variation for certain fixed-term contracts, within statutory limits. Find the actual cao provision and check whether it truly applies. An invalid probationary period does not automatically become valid for the maximum permitted duration. As a result, an employer giving notice in week two may still have to follow the normal dismissal rules.

3. Earlier work can rule out a new probationary period

A new probationary period is generally prohibited in a successive contract for the same work. The employer has already been able to assess your performance. A different job title or salary arrangement is not itself a reason for another trial period. Describe your previous tasks and which duties are genuinely new.

An exception may exist if the new role clearly requires different skills or responsibilities. Moving through an agency or between closely connected employers can also raise questions about prior knowledge of your work. Have the actual situation assessed. Keep role descriptions, assessments and the earlier agency assignment: these show whether the employer already had sufficient opportunity to assess your suitability.

4. What changes during valid probation?

During valid probation, no ordinary notice period or prior UWV permission or court termination is required. The employer does not first have to conduct an improvement programme or redeployment investigation either. Notice must, however, be given during probation. Record when the message reached you, not just the date printed on the letter.

Ask for confirmation of the end date and, if you wish, request the reason in writing. The party giving notice must give the reason in writing on request. Acknowledging receipt of a letter differs from agreeing with its content. Also check the final statement: wages for work done, accrued leave and a possible transition payment require separate assessment.

5. Illness and discrimination require separate assessment

Illness does not extend the agreed probationary period. An employer can also give notice during valid probation if you are ill; ordinary sickness protection works differently here. This does not make every underlying reason lawful. Pregnancy, origin or prohibited distinction because of a disability or chronic condition can, for example, create a separate legal issue.

Keep specific comments and the time the employer learned about your circumstances. Dismissal shortly after a pregnancy announcement is significant, but the complete facts are still needed. If ill, also ask who handles notification of leaving employment while sick and whether sickness benefit may apply. The validity of the clause and the dismissal reason are two separate checks.

6. Leaving yourself and the effect on income

You can resign immediately during valid probation. Consider the consequences before doing so because the job disappoints you. UWV may consider you culpably unemployed if you end the employment yourself. That risk also exists if you think the employer would probably otherwise dismiss you. First seek a solution or advice about the actual situation.

If the employer dismisses you, you can apply for WW unemployment benefit when eligible. UWV needs information about the reason and employment history. Illness may point to another benefit. Also keep information about a job you left for this move; the transition between jobs can matter in the benefit assessment.

7. If you question the dismissal

Quickly have it assessed whether probation is invalid, notice was late or a prohibited reason was involved. Applications challenging ended employment can face short strict deadlines, often two months after the end. An objection letter does not replace a court application. Give your adviser the contract wording and exact dates immediately.

Decide what you want: continued work, unpaid wages, a payment or clarity about benefits. An invalid clause may mean employment is assessed differently from the employer’s assumption. Remain reachable and state your willingness to work if that is your position. A prompt factual response helps; an emotional dispute about the first weeks does not resolve the deadline question.

Practical checklist

• Check the probation wording against contract duration and cao.
• Compare previous and new duties.
• Record the start and when notice reached you.
• Request the dismissal reason in writing.
• Check wages, leave, transition payment and the benefit route.