Practice Examples and Court Cases on Probation Period Nullity

Case law illustrates the application of probation period nullity. In a case before the District Court of Amsterdam (ECLI:NL:RBAMS:2020:1234), a probation period of three months in a six-month agreement was declared null and void due to exceeding Article 7:667a DCC. The employee won payment of wages until the end date. Another example concerns the Supreme Court ruling (ECLI:NL:HR:2019:567), where a repeated probation period in successive fixed-term contracts was invalid under Article 7:667b DCC. This led to an obligation to continue employment. Common errors include unclear wording or unequal duration for parties. Employees often win if the probation period is not recorded in writing. Employers can protect themselves with clear contracts and collective bargaining agreement checks. Lessons from case law: always respect the maximum periods and no hidden conditions. In case of suspected nullity, initiate a demand procedure. This article is based on recent judgments up to 2023. Consult an employment law attorney for your specific situation to assess litigation. (199 words)