Restoration of Employment Conditions After Null and Void Probationary Period

A null and void probationary period has an immediate impact on the employment conditions. All clauses that only applied during the probationary period, such as reduced salary or flexible working hours, lapse automatically. The standard conditions of the employment contract take effect from day one. This includes, among other things, the regular salary, accrual of vacation days, and pension contributions. Article 7:667 of the Dutch Civil Code (BW) confirms that the probationary period may not deviate from the main agreement. In case law, such as cases before the Supreme Court (Hoge Raad), it has been ruled that arrears of pay must be paid if the probationary period was unfair. Employees can file a claim with the cantonal court for back pay and correction of employment conditions. Employers must draft probationary period clauses carefully to prevent nullity. Practical advice: collect evidence such as the signed agreement and payslips. In case of dispute over nullity, a mediator can help, but legal proceedings are often necessary for full restoration. This ensures financial compensation and stability. (202 words)