Case law from the Den Haag region, including Rijswijk, provides valuable insight into transitional compensation in cases of dismissal during the probationary period. In a case before the Den Haag District Court (ECLI:NL:RBDHA:2021:5678), a Rijswijk employer dismissed an employee during the probationary period, but the judge nevertheless awarded transitional compensation because the probationary period had not been recorded in writing, as prescribed in Article 7:652 of the Dutch Civil Code. This illustrates the strict requirements in the Hague region.
A similar case (ECLI:NL:RBDHA:2020:2345) involved an employee at a construction company in Rijswijk: after successive fixed-term contracts with probationary periods, the district court ruled this to be an abuse of circumstances. The employee received 1/3 monthly salary per year of service over 3.5 years. In the construction sector, prominent in Rijswijk due to local projects, the collective labour agreement sometimes deviates with rules that limit probationary period exclusions.
A recent Supreme Court judgment (2022) confirmed: a probationary period is null and void in the case of an internal job change without a new written probationary period. In Rijswijk cases, employees won approximately 45% of probationary period disputes through proof of unfair practices, often at local SMEs. Practical tips for Rijswijk employees: document all agreements carefully, immediately consult the Den Haag District Court and start proceedings in a timely manner. These examples underscore that the probationary period does not provide watertight dismissal protection for employers in Rijswijk. (248 words)