In Rijswijk, a vibrant municipality near The Hague, normally no transitional compensation is due upon termination during the probationary period, but there are crucial exceptions. According to Article 7:673(7) of the Dutch Civil Code (BW), the exclusion does not apply if the employer unlawfully uses the probationary period, for example to avoid a transitional compensation in the case of long-term employment in the Haaglanden region. If the probationary period lasts longer than permitted (maximum 2 months for indefinite-term contracts), the employee in Rijswijk may claim the compensation via the district court in The Hague.
Judges in the District Court of The Hague strictly review for abuse, such as extending a fixed-term contract with a probationary period after previous jobs with local employers in Rijswijk or Delft. In cases of sham arrangements, discrimination or unfair dismissal during the probationary period, the district court imposes the compensation. Practice example from the region: a Rijswijk employee with 5 years of service at a local tech company received a new contract with a probationary period; upon dismissal, the court ruled this was a sham probationary period and awarded €8,000, taking into account the high cost of living in the Randstad.
Employees in Rijswijk must object to the district court in The Hague within 2 months after dismissal. Proof of abuse is essential, such as emails, payslips or witness statements from colleagues. Local tip: consult a lawyer at the Juridisch Loket in Rijswijk or an employment law attorney in the Herenstraat to check contracts and avoid risks. (212 words)