The probationary period is intended to allow both employer and employee to assess whether the collaboration is satisfactory. However, not everything is allowed. Strict rules apply. In this blog, you can read exactly what your rights are.
Probation period only valid if recorded in writing
A probation period is only legally valid if it is stated in writing in the employment contract. Is it merely stated in a verbal agreement or via email without a signed contract? Then the probation period is not valid.
How long can a probationary period last?
The length of the probationary period depends on the duration of your contract:
- Contract shorter than 6 months: no probationary period allowed.
- Contract of 6 months + 2 days: A probationary period of a maximum of 1 month, provided it is well formulated (and not like the case of 2 June 2025 ECLI:NL:RBMNE:2025:2519).
- Contract of 7 months to 2 years: maximum 1 month probationary period.
- Contract of 2 years or longer: maximum 2 months.
- Indefinite period: maximum 2 months.
Please note: different rules may apply under collective labour agreements. Always check your collective labour agreement.
Did you know…
- The probationary period starts on your first working day, even if the contract starts later.
- The probationary period must be the same for both parties.
- You may not be assigned a new probationary period upon an extension of the contract for the same position.
- Are you sick during your probationary period and does your employer terminate your contract? That is allowed, as long as it is not discriminatory or contrary to good employment practices.
Do you have questions about your dismissal or probationary period?
Contact Ember law firm without obligation. We will review your situation together and explain your rights so you can move forward with certainty.
Frequently Asked Questions
No, a probationary period is only legally valid if it is explicitly recorded in writing within the signed employment contract. Verbal agreements or emails without a formal contract do not make it legally binding.
For an employment contract lasting between 7 months and 2 years (such as a 1-year contract), the maximum allowed probationary period is 1 month. Contracts shorter than 6 months cannot have a probationary period at all.
The probationary period begins on your actual first working day. Even if the official start date on your contract is later, the trial period commences the moment you begin performing your duties.
Yes, an employer is generally allowed to terminate your contract during the probationary period even if you are sick, provided that the dismissal is not discriminatory and does not violate good employment practices.
No, if your contract is extended for the exact same position and duties, your employer is not legally permitted to assign you a new probationary period.
