Written Probationary Periods in Employment Contracts in Rijswijk
A written probationary period is a key clause in employment agreements, particularly relevant for employers and employees in Rijswijk. This phase allows both parties to assess compatibility with minimal termination requirements, avoiding standard dismissal procedures. In this region—known for its government jobs and proximity to The Hague—it provides flexibility during the onboarding phase. This article explores the requirements, mechanics, and implications, building on our foundational piece on probationary periods in employment contracts. For local guidance, residents can turn to Het Juridisch Loket Rijswijk.
What Does a Written Probationary Period Mean in Rijswijk?
A written probationary period is a defined initial phase in an employment contract where both employer and employee evaluate mutual fit. It ensures a smooth start, tailored to Rijswijk’s diverse work environments—such as administrative or IT roles in local organizations. The period must be documented in writing; verbal agreements do not hold. Its duration is capped at one month for temporary contracts under two years and two months for permanent or longer-term contracts. It grants flexibility to both parties while preventing misuse, in line with Dutch labor law.
In Rijswijk, where many commuters work in the area, termination during probation requires only one day’s notice, without needing UWV approval. This balances employer needs with employee rights, ideal for newcomers in the local economy.
Legal Basis of the Written Probationary Period
The rules are outlined in the Dutch Civil Code (BW), Book 7, Title 10. Article 7:652 BW states: *“An employment contract may be entered into for a fixed or indefinite term, with a probationary period of no more than two months.”* Shorter contracts have stricter limits, as per Article 7:655 BW.
Crucially, the probationary period must be documented in writing (Article 7:655(3) BW); otherwise, it is invalid. Only one probationary period per contract is allowed, and extensions require a new contract with at least six months’ break (Article 7:668a BW). The Wet Werk en Zekerheid (WWZ, 2015) tightened rules against abuse, such as repeated probationary periods to simplify dismissals. Violations nullify the clause, and standard termination rules apply. In Rijswijk, disputes can be addressed at the Rechtbank Rijswijk.
Practical Examples of Written Probationary Periods in Rijswijk
Consider an administrative employee hired under a permanent contract by a Rijswijk government agency. The contract includes a two-month probationary period. After one month, the workflow proves mismatched; the employer can terminate with one day’s notice, without further steps.
Another case: a nine-month temporary contract for an IT support role in a local Rijswijk company, with a one-month probationary period. If the employee realizes after ten days that the company culture clashes with their expectations (e.g., commuting near The Hague), they can leave without penalties. Without written documentation, however, the standard one-month notice period applies.
In Rijswijk’s business services sector—where temporary roles are common—a one-month probationary period helps employers quickly assess team fit while allowing employees to exit if unexpected challenges arise, such as traffic congestion.
Rights and Obligations During the Written Probationary Period
In Rijswijk, both parties have clear rights and duties during this phase. Employers may terminate without cause but must do so in writing and ideally with justification to avoid disputes. Employees receive wages, accrue vacation days, and build pension rights unless otherwise stated.
Obligations include contract compliance: employees must perform as expected, while employers must ensure workplace safety. If an employer terminates without valid grounds, the employee may challenge the decision at the Rechtbank Rijswijk (Article 7:686 BW). For free advice on your rights in Rijswijk, visit Het Juridisch Loket Rijswijk.
- Termination Rights: Both parties require only one day’s notice.
- Protection: Enhanced safeguards for pregnant employees or those on sick leave; termination during illness is prohibited (Article 7:670 BW).
- Justification Requirement: Not mandatory, but recommended to avoid disputes with the Municipality of Rijswijk or court proceedings.
Probationary Period vs. Standard Termination: Key Differences
| Aspect | Probationary Period | Standard Termination |
|---|---|---|
| Notice Period | 1 day | 1 month (employee), longer for employer |
| Dismissal Approval | Not required | Yes (UWV or Rechtbank Rijswijk) |
| Valid Reason Needed | No | Yes |
| Transition Payment | Not applicable | Yes, after 2 years of service |
Frequently Asked Questions About Written Probationary Periods in Rijswijk
Must the probationary period always be in writing?
Yes, Article 7:655 BW requires explicit written inclusion in the employment contract. Verbal or informal agreements invalidate the probationary period, defaulting to standard rules. Contact Het Juridisch Loket Rijswijk for contract review assistance.