Dismissal during the probationary period often feels like the end of the story. Many young people think: “It’s just allowed.”
But that is not always true. Rules also apply during the probationary period. And this is where things often go wrong, especially with side jobs, part-time work, and student jobs.
In this blog, you’ll read when dismissal during the probationary period is allowed, when not, and what you can do if the dismissal is unjustified.
What is the probationary period?
The probationary period is a period at the beginning of your contract during which:
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you can see whether the work suits you
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the employer can assess whether you are suitable
During the probationary period, both parties may terminate the contract immediately.
But: that does not mean that everything is allowed.
When is dismissal during the probationary period valid?
Dismissal during the probationary period is only valid if:
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the probationary period in writing is agreed
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the duration of the probationary period is correct
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the dismissal not discriminatory is
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that no abuse is made of the probationary period
Does it go wrong on any of these points? Then the dismissal can be invalid be.
Common mistakes in probationary dismissal
1. The probationary period is too long
The maximum duration depends on the contract.
Has the probationary period been agreed too long? Then the entire probation period invalid.
👉 Consequence: termination during “the probation period” may then not.
2. The probation period is not in the contract
Is the probation period:
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not in writing?
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agreed only orally?
Then there is no valid probationary period.
Dismissal can then not just like that.
3. Dismissal on prohibited grounds
Dismissal during the probationary period may not because of:
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illness or calling in sick
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pregnancy
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origin, religion or gender
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asking about pay or breaks
In those cases, the dismissal is discriminatory and thus unlawful.
4. Misuse of the probationary period
Sometimes the probationary period is used to:
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to cheaply try out staff
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to systematically swap out young people
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to replace people after a short time
That can be seen as abuse. Even then the dismissal can be challenged.
“But I had only just started…”
That’s exactly when young people think that they no rights have.
That is incorrect.
Even if you:
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have just started
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are a student
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have a side job
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work part-time
you may have rights if the probationary period .What can you get if the dismissal is unfair?
That depends on the situation, but you may be entitled to:
continued payment of wages
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compensation
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sometimes reinstatement of employment
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Acting quickly is
crucial.What should you do immediately in case of dismissal during the probationary period?
Use this step-by-step plan:
Check your contract
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(is the probation period included?)Check the length of the probation period
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Ask for written confirmation of the dismissal
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Save chats, emails, and schedules
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Have a legal expert assess whether this is allowed
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If you wait too long, you can
lose your rights.Common mistakes by young people
thinking that probationary dismissal is always allowed
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not file an objection
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react angrily toward the employer
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not keep any evidence
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not have anything checked
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That’s a shame. In practice it often turns out that the dismissal
is not correct.Are you unsure whether your probationary dismissal is justified?
Are you:
student
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part-timer
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young person with a part-time job
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and were you
dismissed during the probationary period?Then let us
check it quickly. Often it turns out that:the probationary period is invalid
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the dismissal is unlawful
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you are entitled to wages or compensation
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👉 Feel free to get in touch to have your situation assessed.
👉 Neem gerust contact op om jouw situatie te laten beoordelen.
Frequently Asked Questions
Can I be dismissed during my probationary period without any consequences?
Not necessarily. Dismissal during the probationary period is only valid if the conditions, such as a written agreement and correct duration, are met and the dismissal is not discriminatory or abusive. Otherwise, the dismissal can be considered invalid.
What are common reasons that make a dismissal during probation unfair or unlawful?
Dismissals based on illness, pregnancy, origin, religion, gender, or asking about pay or breaks are discriminatory and unlawful. Additionally, misuse of the probationary period to unfairly replace or try out staff can also make a dismissal invalid.
What should I do if I believe I was unfairly dismissed during my probation?
You should act quickly and seek legal advice to determine your rights, which may include continued wages, compensation, or reinstatement. Timely action is crucial to ensure your rights are protected.
Is the probationary period always valid if it is not in writing?
No, if the probationary period is not agreed upon in writing or only orally, it is not considered valid, and the employer cannot rely on it to justify dismissal during this period.
