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How long is the probation period in a Dutch employment contract?

 
Question:
 
If have been offered a contract. A probation period will be applicable. How long can this probation period be?
 
Answer:
 
The (maximum) probation (or trial) period is regulated by Dutch employment law. The maximum probation period depends on the type of contract which is offered to you.

Permanent contract or temporary contract for a least 2 years

If you are offered a permanent contract or a temporary contract for at least 2 years, the maximum probation period is 2 months.

Temporary contract for less than 2 years or a contract without an enddate

If you are offered a temporary contract for less than 2 years or a contract without an enddate (for example a contract for a certain project), the maximum probation period is 1 month.

Central Labour Agreement (CAO in Dutch)

If a CAO is applicable different rules can apply with respect to the length of the probation period. Involved parties (delegates of employers and employees -> unions) can agree a different probation period in the CAO.
 
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Comments (10)
Comment by Nick on Wed, Mar 2nd, 2016 at 10:39 AM
Hi, Is there a minimum income for the probation period? Or does it have to be the same as the salary I wi€˜ll be getting after successful probation period?
Comment by Arjan Enneman on Thu, Mar 3rd, 2016 at 10:49 AM
In principle there is no difference between the salary offered during the probation period and after a successful probation period. The salary is agreed for the term of the contract.
Comment by Harry on Mon, Jul 25th, 2016 at 12:05 AM
Hi, when does probation period start? From the date of joining or from the date of signing and accepting the contract?
Comment by Arjan Enneman on Mon, Jul 25th, 2016 at 3:36 PM
The probation period starts on the first day of the employment contract. This start date is mentioned in the contract. If however you started working already before the start of the contract then the first actual work day is the start date of the probation period.
Comment by Harry on Tue, Jul 26th, 2016 at 4:51 PM
Hi, can an employee terminate the employment contract even before the probation period starts? If probation period clause exists, it doesn‘t make any difference between waiting until the first day of contract to terminate and terminate even before the contract starts. In later case, atleast employer gets time to look for other candidate and actually saving lot of time and money that future employer spends on the employee. Can an employee terminate the contract even before it starts, if probation clause exists? Is it legal?
Comment by Arjan Enneman on Tue, Aug 9th, 2016 at 3:48 PM
It is possible to terminate the contract even before the probation period started. In that case the employer can‘t charge you for the costs which have been made to recruit you either. This may be different of no probation period was agreed.
Comment by Vincent Jones on Mon, Sep 26th, 2016 at 2:28 PM
Hi, I have been working since January 2013 in the Netherlands, Now I changed jobs and currently on probationary period? What if the company doesn‘t want to keep me in or I don‘t want to continue either? Would I keep my unemployment benefit for the next 3 months? I don‘t know how does the unemployment benefit works if I don‘t pass (or don‘t want to continue) after probationary period. thanks in advance
Comment by Dudly on Tue, Oct 18th, 2016 at 8:38 PM
Hi Arjan, in a permanent contract, Is it possible to extent the probation period by the employer? For example, after 2 months, the company decide to extent the probation period to a longer period (ex. 6 month). There is nothing mentioned on the contract. Is it allowed?
Comment by Arjan Enneman on Mon, Jan 2nd, 2017 at 3:09 PM
If the company doesn‘t want to keep you then you can claim unemployment benefit again. This can be different if you decide to resign yourself.
Comment by Arjan Enneman on Mon, Jan 2nd, 2017 at 3:11 PM
It is not possible to extent the probation period. This would make the probation period non-existing. But it is possible to offer another temporary contract.
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