Dismissed During Probation in Netherlands — Your Rights

Being dismissed during your probation period can come as a major shock, especially if you feel it was unfair. While employers in the Netherlands have more freedom to terminate employment contracts during the probation period (proeftijd), this doesn't mean anything goes. Even during probation, important rules apply under Dutch law, and you have specific rights as an employee that are legally protected.

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What's happening?

During the probation period in the Netherlands, both employer and employee can terminate the employment contract more easily than afterwards. This is designed to give both parties the chance to assess whether the working relationship is successful. However, your employer cannot simply dismiss you without cause — there must be valid reasons related to your performance or suitability for the role. Dismissal for discriminatory reasons, during illness, or without proper notice period is not permitted even during probation under Dutch law. Many employees don't realise they still enjoy legal protection during the probation period.

What does Dutch law say?

The rules for dismissal during probation are primarily set out in the Dutch Civil Code (Burgerlijk Wetboek) and the Work and Security Act (Wet werk en zekerheid). These laws determine when and how an employer may dismiss you during the probation period. Although employment protection is more limited than after probation, important rules still apply. Discrimination and arbitrary dismissal are prohibited even during probation in the Netherlands.

1Article 7:676 BW (Dutch Civil Code): Probation period may last maximum 2 months, except for contracts shorter than 2 years

2Article 7:670 BW (Dutch Civil Code): Even during probation, a notice period of minimum 1 day per week worked applies

3Article 7:646 BW (Dutch Civil Code): Dismissal due to discrimination or during sick leave is always prohibited, even during probation

What are your rights?

Even during the probation period, you have important rights as an employee in the Netherlands. These rights ensure you cannot be treated arbitrarily.

1Right to correct notice period (opzegtermijn): Minimum 1 day per week worked, unless there are urgent reasons

2Protection against discrimination: Dismissal based on gender, race, religion, age or other discriminatory grounds is prohibited

3Right to salary until end of employment: You're entitled to payment until your contract officially ends

4Protection during illness: Dismissal during sick leave is not permitted even during probation, except for urgent reasons

What can you do now?

It's important to act quickly if you believe your dismissal was unfair. There are time limits for challenging a dismissal under Dutch law.

1Gather all relevant documents: employment contract, dismissal letter, emails and other correspondence about your dismissal

2Check if proper procedure was followed: was the notice period correctly applied and were concrete reasons for dismissal given

3Contact your employer for clarification if the dismissal reason is unclear, or protest if you disagree

4Seek legal help through the Legal Counter (Juridisch Loket) or an employment law solicitor if your employer won't cooperate

Sample letter or template

MijnRecht.AI can help you draft a professional letter objecting to your dismissal during probation. Our AI analyses your specific situation and creates a legally grounded letter you can send to your (former) employer in the Netherlands.

Where can you get help?

For help with dismissal issues during probation, you can contact various organisations in the Netherlands. The Legal Counter (Juridisch Loket) offers free initial advice on employment law disputes. For serious disputes, you can file a case with the district court (kantonrechter). Trade union members often receive legal assistance from their union. Employment law solicitors specialise in these types of cases and can represent you in negotiations or legal proceedings under Dutch law.

Conclusion

A dismissal during probation doesn't always have to be the final word. By knowing your rights under Dutch law and taking the right steps, you can check whether your dismissal was justified and take action if necessary. Don't be discouraged — even during probation in the Netherlands, you have important rights that deserve protection.

Frequently Asked Questions

Can my employer just dismiss me during probation without reason?

How long is the notice period during probation?

Can I be dismissed if I'm ill during probation?

Can I still get unemployment benefit after dismissal during probation?

Within what timeframe must I object to my dismissal?

What happens if my employer didn't apply the correct notice period?

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