According to the Dutch Work and Security Act (WWZ), as from 1 January 2015, a probationary period clause will be null and void if the employer is aware of the competence of this employee on the basis of a previous employment contract with the (same) employee. However, 3 months probation periods or any duration of a probation period are not mandatory terms that must be in a Chinese employment contract. As such, it depends on the nature of the agreement, whether it is a fixed or non-fixed term. A probationary period in The Netherlands must, in order to be valid, meet a number of requirements: In the event of a collective labor agreement (CAO), the duration of a probationary period may change, but this may never be longer than two months. A structured guide to termination law in the Netherlands covering notice, redundancies, dismissal and protections. Employment law, Collective labor law, Employee participation law, Dismissal law The probationary period must have been entered into in writing and the probationary period should be the same for both parties. You must pay the employee for the full notice period. My landlord in Amsterdam does not return my deposit, Deposit and/or additional costs in a Dutch rental agreement, Advocatenkantoor Amsterdam voor familierecht, Adviseur gespecialiseerd in ambtenarenrecht. In certain cases, the employer may be liable for compensation. it commences at the start of the employment contract. Nevertheless, you must observe prohibitions on terminating a contract. Dismissal by mutual consent means you and your employee mutually agree to end the employment contract. Probation period in the Netherlands; Non-competition under Dutch employment law; Sick pay in the Netherlands; Reorganizations in the Netherlands; Works council in the Netherlands; Commercial contracts in the Netherlands. for fixed term employment contracts lasting no longer than two years, the maximum probationary period available is one month, with a permanent employment agreement or a fixed term contract lasting beyond this two-year boundary, the maximum length for a probation period can reach two months. During the trial period, the employer and employee in The Netherlands can terminate the employment contract immediately, at any time, without permission from the UWV or the Dutch Cantonal court. So, essentially probation protects the employer. This is a strict requirement under Dutch law, where the parties must both expressly agree to it. Probationary employment contract template is provided for guidance and reference. For fixed term contracts much stricter rules are in place and a maximum of one months’ probation is permissible. There is no law specifying the length of a probationary period but it should be reasonable and is usually for a period between three and six months. There is a variety of employment agreements for employees in the Netherlands, with temporary and permanent contracts being the most common. In order to assess your employee's performance and conduct a probation period is usually taken during the early stages of employment, generally for three or six months. The common and default probation period is of 6 months. Some trial periods can be declared void, mainly where: The length of a probationary period is dependent on the overall duration of the employment agreement set between the parties. Collective labour agreements need to be assessed on a case by case basis and would depend also on any appointed representatives or unions of the parties. The Netherlands probationary period has to be agreed in writing in the employment agreement as well. probationary definition: 1. relating to a period of time when a criminal must behave well and not commit any more crimes in…. In the Netherlands’ employment law, there is an expiration date of six months for taking the legal minimum number of holidays. If you or your employee asks for the grounds for the dismissal or resignation, then there is an obligation to provide written grounds. 4-C Sample contract of probationary employment 1. since January 2015, fixed term contracts under Dutch employment law lasting no longer than six months, cannot contain a probationary period. -. A standard period for a probationary period would be six months. Whilst this stage of employment does not provide the same levels of protection for fully fledged employees, this does not mean they are without any protection. Effectivity Date 1.1 The Employment Contract (Agreement) shall be effective this _____ […] Employers who wish to include a probationary period clause in their employment contract should bear in mind that most probationary periods last for three to six months. From the employer’s perspective, this can make employee administration simpler. Temporary labour contract (tijdelijk contract) A temporary contract is for a specific period of time, such as six months or one year, with a pre-determined end date. Our lawyer employment law in Amsterdam, The Netherlands, provides legal assistance regarding disputes about probationary periods. This is also possible during illness, pregnancy and during an OR membership. WS Advocaten Amsterdam use third party analytics cookies. A probation period is the initial trial run that many employees must complete when they are first hired. An employer generally uses them to observe and evaluate the performance and conduct of new employees. In addition, a party ca proceeds with terminating the agreement without an obligation to give notice. The maximum probationary period to be included in a first indefinite term contract will be extended from 2 months to 5 months. Geen transitievergoeding na ontslag wegens onvoldoende medewerking aan reintegratie? You can also agree to severance payment. For employees, on the other hand, it is important to know how the rules work and the privileges that the law allows for them, so that they can effectively advocate for themselves and negotiate an optimal position for themselves. -, Legal advice on settlement agreement in Amsterdam -, Geen transitievergoeding na ontslag wegens onvoldoende medewerking aan reintegratie? However, the length of this period may vary as agreed and established in the contract between the employer and the employee. Learn more. Local employers are empowered to legally terminate their employees' employment during the probation period need or necessity to provide a reason to justify such dismissal.. Probationary periods are normally included as a clause in the main employment contract. In the event a collective labour agreement is applicable, then the rights of the parties under a probationary period can change. The employer is obliged to notify the reason for dismissal during the probationary period if the employee requests so. +31 6 52 242503. For definite term contracts of 2 years or longer, the maximum probationary period will be 3 months instead of 2. This website is a private initiative of the editor. Legal advice on settlement agreement in Amsterdam, Sociaal plan, ontslag en transitievergoeding. The maximum probationary periods for other contracts do not change. Wettelijke indexering alimentatie per 1 januari 2021. A probationary period clause in a successive employment contract, in which the previous and current employer are each others successor, is null and void as of 1 January 2015. Probation periods can last for any amount of time (the standard length is around three to six months) but the length of time must be recorded in the employment agreement. Employers can test the skills of a new employee or a current employee moving to a new position through using a probation period. It’s very normal to include probation periods – typically three months in length – within any new employment contract. Amsterdam, Netherlands. A probationary period of more than one month for a fixed employment contract entered into for a duration of less than two years, is null and void, unless otherwise decided in a CAO or administrative arrangement. Call our specialist lawyer for employment law and dismissal law in Amsterdam for questions and legal advice on employment law, dismissal, probationary period and other employment law issues. Without probation, normal termination notice and severance rules will apply. The post below is based on the book Human Resource Forms, Notices & Contracts Volume 1 (pp. in Amsterdam wegens corona -, Opzegging arbeidscontract en schadevergoeding -, What are the consequences for a subtenant if the Dutch tenancy agreement between the main tenant and the landlord e…, Wat zijn de gevolgen voor een onderhuurder als de huurovereenkomst tussen hoofdhuurder en verhuurder eindigt? Primarily, this concerns the maximum duration of the probation period. Are you looking for involvement and direct, personal contact with an experienced employment law specialist in Amsterdam? Since 1 January 2015, no probationary period can be included in a fixed employment contract of six months or less. Sample Probationary Contract Form No. Depending on your sector of work, if your collective labour agreement was entered into after the 1st of January, 2015, and is existing for more than 6 months but less than two years, then the maximum duration for a notice period can be increased from one to two months. Your Spanish employment contract may be in writing or verbal, but a verbal contract is very unusual. When concluding an employment contract, a probationary period can be agreed upon. The law requires employees to work probation period notice, but there are two exceptions to this rule: Payment in lieu of notice (PILON) This is where you can end the employment before the employee serves their notice. The probationary period has to be of the same length for both parties. A three-month probationary period is typical for unskilled, clerical or junior roles and six months for management or professional roles. We operate in the Rotterdam harbour area, a booming international hotspot, and we know the pitfalls you may face and can see you safely through. For a dismissal by mutual consent you do not need the consent of the Employee Insurance AgencyExter… A probationary period in The Netherlands must, in order to be valid, meet a number of requirements: it must be agreed in writing, it takes a maximum of one or two months, it commences at the start of the employment contract. For fixed term contracts that are longer than six months but less than two years it will still be possible to agree upon a probationary period of one month. No changes will take place with regard to the current arrangements for probation terms in fixed term contracts of two years or longer and permanent contrac… Probationary period according to Dutch Law, A fixed-term employment contract and maximum duration, Contact our Dutch lawyer employment law in Amsterdam about probationary period, Incapacity to work and reintegration in The Netherlands, Huurverlaging voor ondernemers (horeca, winkels, etc.) A probationary period must be agreed upon and outlined in writing in the employment agreement. That period may be extended up to two months by collective agreement. If it appears that the employer discriminates  during the trial period, due to: it is possible to start proceedings against the employer. Huurverlaging voor ondernemers (horeca, winkels, etc.) A probation period is the period of time at the start of an employment when an employee may be dismissed with little or no notice if they’re found to be unsuitable for the role. In Netherlands, probation periods are not mandatory, but they can be helpful if an employee does not work out on an assignment. As an employer, you may dismiss employees during their trial period without grounds, even if the employee is ill. It cannot deal with the specific details of any particular situation ... [read more], Mail the website editor: Subscribe to our newsletter to get news on doing business in The Netherlands: Registration of a company in the Netherlands, Shareholder of a company in the Netherlands, Piercing the corporate veil in the Netherlands, Liability of directors in the Netherlands, Liability of shareholders in the Netherlands, Non-competition under Dutch employment law, Termination of an agency agreement under Dutch law, Goodwill compensation under Dutch agency law, the duration of the contract does not exceed 6 months, when the nature of a contract is modified from a temporary agreement to a permanent one, without changes to the other terms of the contract. with a permanent employment agreement or a fixed term contract lasting beyond this two-year boundary, the maximum length for a probation period can reach two months since January 2015, fixed term contracts under Dutch employment law lasting no … One of our clients has an employee in Netherlands who became ill shortly after starting employment. Remember that although most employers use probationary time frames of sixty or ninety days, you generally have substantial discretion in setting a period from thirty days to one year. (c) Advocatenkantoor WS Advocaten Amsterdam, WS Advocaten en mediators Amsterdam |Rooseveltlaan 2 - 4, Cancelling probationary period before the start of employment agreement, Cancellation probationary period and discrimination. It is important to note, that employment can be terminated at any time during the probation period, by both the employer or the employee’s resignation. As per the 1st of January 2015 it is no longer allowed to agree upon a probation period in fixed term contracts of up to six months. The content provided on www.business-netherlands.com is offered for general informational purposes only. Probationary Period in the Netherlands If included in the terms of an employment contract in the Netherlands, a probationary period of maximum one (1) month can be agreed to with the employee under the condition that the employee is offered an employment agreement for more than 6 months. The Netherlands. If it is clear that the employee is not suited to the job, termination before the end of the probationary … The employees’ individual rights are stipulated in the … when the temporary contract is extended, with no other changes to the job role or the accompanying expectations. This clause should clearly set out the terms of the probation period including: How long it lasts; The notice period that will apply for the duration of the probation period (this must be at least the statutory minimum of one week for new employees); and The fact that an employee is in a probationary period does not mean that they have no statutory employment rights. An employer who wants to test out a new employee and wants a 3 month probation period will have to clearly indicate … You can set the length of the probationary period in the employment contract. Contracts in Spain are sent to the Public State Employment Service within 10 days from their coming into force. Employee FAQ: Do I have to work notice in a probation period? in Amsterdam wegens corona, Opzegging arbeidscontract en schadevergoeding bij accepteren ontslag. The statutory periods are: In employment contracts for a period longer that six month but shorter than two years: a maximum of one month. Client Case Example: Sickness Policy Requirements in the Netherlands. The only exception is if your work sector is covered under a collective labour agreement. Particularly for foreign companies operating in The Netherlands, Dutch employment law can seem a minefield. Probation Dutch law allows for a probationary period of a maximum of two months for permanent contracts. A simple copy of the employment contracts, previously handed into the legal representative of the workers, should also be sent to the Public State Employment Service. If you have any questions relating to a probationary period in The Netherlands, please contact: Marleen van Woerden. The employee is also allowed to resign without grounds. Kan een werkgever een ontslag op staande voet intrekken? -, Wettelijke indexering alimentatie per 1 januari 2021 -, Kan een werkgever een ontslag opstaande voet intrekken? A 3 month probationary period employment contract is a way for your employer to monitor your performance to assess your capabilities and appropriateness for the job. Employees on a probation period have the same minimum rights and entitlements as any other worker. 53-59). In an employment contract of more than six months, the same requirements apply as before: the maximum duration is two months, and is one month if the employment contract has been concluded for less than two years. Praktijkgebieden. Once the probationary period is over, you might be eligible for other opportunities, such as a promotion, raise, or other position. Extension of probation period. Probationary periods give both the new employee and the employer an opportunity to assess whether the employee is suitable for the position. Hong Kong employment and labor law is simpler than many other countries, with fewer requirement, regulations, and protections for the employer to abide by. Wat zijn de gevolgen voor een onderhuurder als de huurovereenkomst tussen hoofdhuurder en verhuurder eindigt? During this period the new employee will undergo an induction programme which may include any relevant training. A probationary period should be written into all contracts of employment to ensure that the employer has an opportunity to assess the capability, reliability and suitability of a new recruit. Note that the minimum working age in Spain is 16, alt… What is an employment probation period? Dismissal by mutual consent is only valid if it is recorded in a written termination agreement (settlement agreement). During the probationary period, both parties can terminate the employment agreement at any time. A probationary period is a trial period of employment for a new employee. 1) Judgements and, where applicable, probation decisions entering into the scope of this Framework Decision (Article 2) a) Member States are asked to describe the judgments and, where applicable, probation decisions, as defined in Article 2, which have to be recognised by a Member State. Employees therefore must take all their holidays within six months after the year in which the holidays were accrued. It is perfectly normal for employers to recruit new employees subject to the satisfactory completion of a probationary period. Both the employer and the employee can terminate the contract before the employment has started. In other words, your employee agrees voluntarily to the dismissal. 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