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Dismissal During Probationary Period in Rijswijk - Rules and Rights

Discover the rules and rights surrounding dismissal during the probationary period in Rijswijk. Read about statutory conditions, maximum duration, and unemployment benefits after termination of an employment contract.

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Dismissal During Probationary Period in Rijswijk - Rules and Rights

During the probationary period, both the employer and the employee in Rijswijk can terminate the employment contract without notice period. However, clear statutory rules are laid down in Article 7:652 of the Dutch Civil Code (BW) that must be complied with.

What Does a Probationary Period Mean?

A probationary period is an initial phase in an employment contract in which both parties can determine whether the collaboration is satisfactory. This period must always be in writing recorded in the contract.

Maximum Length of the Probationary Period

Contract durationMaximum probationary period
Less than 6 monthsNo probationary period possible
Between 6 months and 2 yearsMaximum 1 month
2 years or longer / indefinite termMaximum 2 months

Statutory Conditions

  • Written agreement in the employment contract
  • Equal period for both employer and employee
  • Maximum length not to be exceeded
  • Once only - no new probationary period upon extension

Termination During Probationary Period

During a valid probationary period, termination is possible:

  • Without notice period (immediate)
  • Without approval of the Employee Insurance Agency (UWV) or district court
  • Without transition payment
  • Without mandatory reason

Important: The termination must be confirmed in writing!

Prohibited Grounds for Dismissal

Even during the probationary period, dismissal is not permitted on the basis of:

  • Illness - The prohibition on dismissal also applies here
  • Pregnancy or maternity leave
  • Discrimination on the basis of age, gender, religion or origin
  • Trade union membership

Invalid Probationary Period

If the probationary period is not correctly recorded, it is considered invalid:

  • Standard dismissal rules then apply
  • A notice period must be observed
  • Possibly permission from the UWV is required

Unemployment Benefits (WW) After Probationary Period in Rijswijk

In the event of dismissal by the employer during the probationary period, you are generally entitled to unemployment benefits (WW), provided you meet the weekly requirement (at least 26 out of 36 weeks worked). Contact the UWV in Rijswijk for more information.

Frequently Asked Questions about Probationary Period

Can I be ill during my probationary period?

Yes, and dismissal due to illness is not permitted in that case.

Is an employer required to give a reason?

No, this is not legally required, but you can ask for an explanation.

Practical Advice

For Employees in Rijswijk

  1. Check whether the probationary period is correctly included in your contract
  2. Take into account the maximum duration per type of contract
  3. Ask for written confirmation upon dismissal
  4. Register quickly with the UWV for unemployment benefits

For Employers in Rijswijk

  1. Ensure that the probationary period is always recorded in writing
  2. Comply with the maximum duration per contract type
  3. No probationary period for contracts shorter than 6 months
  4. Always confirm termination in writing

Legal basis: Article 7:652 Dutch Civil Code

Local support: For legal advice, you can go to the Legal Counter Rijswijk or submit matters to the District Court of The Hague.