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Probation Period Nullity in Rijswijk: Rules and Consequences

Discover when a probation period is null and void in Rijswijk, the statutory rules (BW 7:667a) and consequences for dismissal and rights. Practical examples and step-by-step plan.

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Probation Period Nullity: Rules and Consequences

**Probation period nullity** means that the probation period in your employment contract is legally invalid. This often arises when the probation period does not meet statutory requirements or is drafted unfairly. The probation period then loses its effect, after which the standard rules of the **ordinary employment contract** apply. This affects dismissal procedures, salary and terms of employment.

When does probation period nullity apply?

On the basis of the **Dutch Civil Code** (Article 7:667a DCC), a probation period for contracts shorter than six months is maximum **one month**. For longer contracts, it is **two months**. Exceeding this makes the probation period **null and void**.

Statutory basis

Key rules are set out in:

  • Article 7:667a DCC: Maximum length of probation period.
  • Article 7:667b DCC: No extension or repetition possible.
  • Article 7:667c DCC: Written inclusion mandatory.
A probation period may not **disproportionately burden** the employee.

Causes of nullity

Possible situations:

  • Exceeding duration: Longer than 1 or 2 months, e.g. 3 months for a 1-year contract.
  • No written fixation: Oral agreements do not count.
  • Misleading application: E.g. if the employer already knew the role.
  • Extension or repetition: Absolutely not permitted.

Practical examples

For a contract longer than six months with a 3-month probation period, only 2 months apply. The remainder is null and void.

Oral probation period without written mention? Then no dismissal right during that period without reason.

Rights and obligations

In case of nullity:

Employee rights

  • Dismissal requires reason: Standard dismissal protection applies (conduct or capacity).
  • Notice period: From contract or collective agreement.
  • Compensation possible: In case of wrongful dismissal.

Employer obligations

  • Accept nullity: Adjust contract.
  • Fair treatment: No excessive pressure.
  • Duty to inform: Provide clear explanation.

Actions for null probation period in Rijswijk

Take these steps:

  1. Check your contract for statutory compliance.
  2. Present the situation in writing to your employer.
  3. Consult the Juridisch Loket Rijswijk for free advice (Laan van Wateringse Veld 419, Rijswijk).
  4. Initiate proceedings at the District Court of The Hague (district for Rijswijk) if necessary.
  5. Consider a trade union or labour law attorney for follow-up.

Specific to Rijswijk: The Juridisch Loket provides local support. In disputes, the District Court of The Hague handles your case efficiently.