Consequences of Null and Void Probationary Period for Dismissal Protection

When a probationary period is declared null and void, the special dismissal rules that apply during the probationary period cease to apply. The employee then enjoys full dismissal protection as if the probationary period had never existed. This means that an employer cannot unilaterally dismiss the employee without just cause and without following the statutory procedure, such as obtaining a dismissal permit from the UWV or initiating a procedure before the subdistrict court. According to Article 7:668 of the Dutch Civil Code (BW), dismissal must then comply with the general rules of the Civil Code. Case law shows that in such cases, courts declare the dismissal null and void and grant the employee the right to continued payment of wages. Employees can invoke nullity if the probationary period was too long or not recorded in writing. Employers risk liability for damages. It is crucial to immediately review the employment contract in the event of disputes. Advice: consult a lawyer to assert your rights and claim possible damages. This significantly protects your position in employment disputes. (198 words)