Dismissed during the probationary period: is that allowed?
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Detailed explanation, checklist and sources
During a valid probationary period, the employer and employee may terminate the employment contract immediately. However, conditions apply to the probationary period and the reason for dismissal may not be prohibited or discriminatory.
General information about Dutch law · Reviewed on · How we work
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- Has the probationary period been validly agreed?
- No notice period, but you can ask for the reason
- Check unemployment benefit and prohibited discrimination
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Has the probationary period been validly agreed?
A probationary period must be the same for both parties and must be set down in writing. Its maximum duration depends on the type and duration of the contract. No probationary period may be agreed for a fixed-term contract of six months or less.
No notice period, but you can ask for the reason
During a valid probationary period, no prior permission from UWV or a court is required and no notice period applies. If you request it, the other party must give the reason for termination in writing.
Check unemployment benefit and prohibited discrimination
Anyone who leaves voluntarily may encounter problems with unemployment benefits. Even during the probationary period, dismissal may not be based on, for example, pregnancy, discrimination or another prohibited reason. The precise reason and communications are then important.
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Signed employment contract and collective labour agreement
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- Signed employment contract and collective labour agreement
- Start and end date of the probationary period
- Duration and type of employment contract
- Written notice of dismissal and stated reason
- Messages or events surrounding the dismissal
Frequently asked questions
Am I entitled to wages during the probationary period?
You are entitled to wages for the period during which you were employed. Also check the final settlement, holiday allowance and accrued holiday hours.
Can I stop immediately?
During a valid probationary period, the employee may also resign immediately. Check in advance the possible consequences for unemployment benefit and income.