A probation period gives both employer and employee the opportunity to see if the collaboration is a good fit. During this period, the employment contract can be terminated immediately, without notice period or procedure. However, important rules and exceptions apply.
In this article we discuss how dismissal works during probation, what your rights are and how you can defend against invalid dismissal.
What is the probation period?
The probation period is a period at the start of the employment contract during which both parties can terminate the contract immediately.
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The dismissal does not have to be substantiated with a file.
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There is no notice period.
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The employee can also leave immediately.
👉 However, an employer cannot do everything: discrimination or abuse of law remains prohibited.
How long can a probation period last?
The legal rules (art. 7:652 BW):
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Contract shorter than 6 months → no probation period allowed.
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Contract 6 months to 2 years → maximum 1 month.
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Contract 2 years or longer → maximum 2 months.
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Contract for an indefinite period → maximum 2 months.
A probation period that is too long is invalid.
Dismissal during probation period: what is allowed and what is not?
Allowed:
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Dismissal without giving a reason.
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Immediate termination of the contract.
Not allowed:
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Dismissal due to discrimination (gender, age, origin, faith).
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Dismissal due to pregnancy or illness related to pregnancy.
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Dismissal in conflict with good employment practices.
Employee rights in case of dismissal in probation period
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Right to payment of worked days and accumulated vacation days.
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Possible right to an unemployment benefit (depending on employment history and reason for dismissal).
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Right to legal review of an invalid probation clause or discriminatory dismissal.
Practical examples
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Example 1: An employee with a contract of 5 months received a probation period of 1 month. This was invalid → the probation period was annulled.
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Example 2: An employee was dismissed during the probation due to pregnancy. The judge awarded compensation due to discrimination.
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Example 3: An employee resigned during the probation period to start elsewhere. This was allowed without a notice period.
Checklist in case of dismissal in probation period
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📄 Check whether the probation period has been agreed correctly.
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📅 Pay attention to the maximum duration (1 or 2 months).
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⚖️ Always ask for a written confirmation of dismissal.
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💶 Demand payment for worked hours and accrued vacation days.
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📝 Consult an employment lawyer in case of doubt or invalid dismissal.
Common mistakes
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Thinking that a probation period is always valid, also for short contracts.
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Accepting a probation period that is too long without objection.
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Not asking for a written confirmation of dismissal.
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Thinking that an employee can never get unemployment benefits after dismissal in probation period.
Frequently Asked Questions (FAQ)
1. Can my employer dismiss me without reason during the probation period?
Yes, but not for prohibited reasons such as discrimination or pregnancy.
2. Can I quit myself during the probation period?
Yes, this can be done immediately.
3. Do I have a right to unemployment benefits after dismissal in the probation period?
This depends on your employment history and circumstances.
4. What if my probation period is agreed invalid?
Then the normal dismissal rules apply and dismissal may be invalid.
5. Does the employer have to confirm the dismissal in writing?
Yes, this prevents discussion afterwards.
Why Arslan Advocates?
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Check whether a probation clause is valid
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Help with dismissal during probation period
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Litigate against invalid or discriminatory dismissal
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Protect your rights from the start of your employment
Conclusion
Dismissal during the probation period may seem simple, but it is bound by clear legal rules. An invalid probation clause or dismissal on discriminatory grounds can be challenged. Therefore, always have your situation reviewed by an employment lawyer.
