Probationary Period in Temporary Employment Contracts in Rijswijk
Temporary contracts in Rijswijk: probationary period max. 1-2 months, otherwise void. Affects chain arrangement and dismissal; check Staffing Collective Labour Agreement and file claims with the subdistrict court in The Hague.
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Arslan AdvocatenLegal Editorial
2 min leestijd
In Rijswijk, a vibrant suburb of The Hague with many local businesses and staffing agencies along the A4 and in industrial areas such as Hoekeind and RijswijkBuiten, strict rules apply to the probationary period in temporary employment contracts. For contracts shorter than six months, a maximum of one month, and for longer durations two months, as laid down in Article 7:667a of the Dutch Civil Code. Exceeding this renders the probationary period void with retroactive effect. This often arises with temps in Rijswijk logistics, retail at In de Muin or seasonal work in nearby greenhouses. The Staffing Collective Labour Agreement or local collective labour agreements in the Haaglanden region may have deviating rules, but never longer than prescribed by law. A void probationary period prevents unilateral dismissal during that period and triggers the chain arrangement: a maximum of three successive contracts within two years. Local staffing agencies in Rijswijk regularly make mistakes here, such as with short-term assignments of two weeks, leading to claims at the subdistrict court in The Hague, which has jurisdiction over Rijswijk matters. Employees thus retain dismissal protection and seniority accrual. Advice for Rijswijk employers: integrate the probationary period correctly into the Staffing Collective Labour Agreement and state it explicitly in contracts. Employees in Rijswijk: check this upon commencement of employment with local flex companies. In disputes, file a request with the subdistrict court The Hague for declaration of nullity. The Work and Security Act (Wet Werk en Zekerheid) has further strengthened this protection for flex workers in regions such as Rijswijk, with recent rulings impacting local practices. (218 words)