A probationary period gives both the employer and the employee the opportunity to see whether the working relationship is a good fit. During this period, the employment contract can be terminated with immediate effect, without a notice period or procedure. Still, important rules and exceptions apply.

In this article, we discuss how dismissal during the probationary period works, what your rights are, and how you can defend yourself against invalid dismissal.

What is the probationary period?

The probationary period is a period at the start of the employment contract during which both parties can terminate the contract immediately.

• The dismissal does not need to be supported by a file.

• There is no notice period.

• The employee can also leave immediately.

👉 Still, an employer may not do everything: discrimination or abuse of rights remains prohibited.

How long can a probationary period last?

The statutory rules (Art. 7:652 Dutch Civil Code):

• Contract shorter than 6 months → no probationary period allowed.

• Contract 6 months to 2 years → maximum 1 month.

• Contract 2 years or longer → maximum 2 months.

• Contract for an indefinite term → maximum 2 months.

A probationary period that is too long is invalid.

Dismissal during the probationary period: what is allowed and what is not?

Permitted:

• Dismissal without stating a reason.

• Immediate termination of the contract.

Not allowed:

• Dismissal due to discrimination (gender, age, origin, religion).

• Dismissal due to pregnancy or illness related to pregnancy.

• Dismissal in violation of good employer practice.

Rights of employees upon dismissal during the probationary period

• Right to payment for days worked and accrued vacation days.

• Possible entitlement to unemployment benefits (depending on employment history and reason for dismissal).

• Right to legal review of an invalid probationary clause or discriminatory dismissal.

Examples from practice

• Example 1: An employee with a 5-month contract received a 1-month probationary period. This was invalid → the probationary period was annulled.

• Example 2: An employee was dismissed during the probationary period because of pregnancy. The court awarded damages for discrimination.

• Example 3: An employee resigned during the probationary period to start elsewhere. This was allowed without a notice period.

Checklist for dismissal during the probationary period

• 📄 Check whether the probationary period was validly agreed.

• 📅 Pay attention to the maximum duration (1 or 2 months).

• ⚖️ Always ask for written confirmation of the dismissal.

• 💶 Demand payment for hours worked and accrued vacation days.

• 📝 Consult an employment lawyer if in doubt or in case of wrongful dismissal.

Common mistakes

• Thinking that a probationary period is always valid, even with short contracts.

• Accepting a probationary period that is too long without objection.

• Not requesting written confirmation of the dismissal.

• Thinking that an employee can never receive unemployment benefits after dismissal during the probationary period.

Frequently Asked Questions (FAQ)

1. Can my employer dismiss me without a reason during the probationary period?
Yes, but not for prohibited reasons such as discrimination or pregnancy.

2. Can I resign during the probationary period?
Yes, you can do so immediately.

3. Am I entitled to unemployment benefits after dismissal during the probationary period?
That depends on your employment history and circumstances.

4. What if my probationary period was not validly agreed?
Then the normal dismissal rules apply and the dismissal may be invalid.

5. Must the employer confirm the dismissal in writing?
Yes, this prevents disputes later.

Why Arslan Advocaten?

• Checking whether a probationary period clause is valid

• Assistance with dismissal during the probationary period

• Litigating against invalid or discriminatory dismissal

• Protecting your rights from the start of your employment

Conclusion

Dismissal during the probationary period may seem simple, but it is subject to clear legal rules. An invalid probationary period clause or dismissal on discriminatory grounds can be challenged. Therefore, always have your situation reviewed by an employment law attorney.