How long can probation period be in the Netherlands?

The short answer

The maximum probation period (proeftijd) depends on the duration of your employment contract in the Netherlands. For contracts shorter than 2 years, the probation period may be a maximum of 1 month. For permanent contracts or those longer than 2 years, the probation period may be a maximum of 2 months. These probation periods must be explicitly included in the employment contract to be valid under Dutch law. Without written agreement, no probation period applies.

What does Dutch law say?

The probation period is regulated in Article 7:676 of the Dutch Civil Code (Burgerlijk Wetboek). This law sets clear limits on the duration of probation periods and protects employees against excessively long periods of uncertainty. The legislator created these rules to balance the interests of employer and employee in the Netherlands. Employers may not deviate from these legal maximums, not even in collective agreements (CAOs) or individual contracts.

What should you watch out for?

Make sure the probation period is mentioned in writing in your contract, otherwise it's not valid under Dutch law. Also check that the agreed probation period is not longer than legally permitted for your type of contract. During the probation period, both parties can terminate the contract without notice period and without giving reasons. After the probation period ends, normal dismissal rules apply again in the Netherlands.

Example from practice

Sarah is offered a one-year contract in the Netherlands with a 2-month probation period stated. This is not permitted under Dutch law, as for a 1-year contract the probation period may be a maximum of 1 month. Sarah can point this out to her employer and request contract amendment. If the employer refuses, the probation period is automatically shortened to the legally permitted 1 month. Sarah therefore still has protection against an excessively long probation period.

What can you do?

If you have doubts about the length of your probation period or if it seems too long under Dutch law, you can take concrete steps to protect your rights as an expat in the Netherlands.