Case law provides insight into transitional compensation during probation period. In ECLI:NL:RBMNE:2020:1234, an employer dismissed during probation period, but the sub-district court awarded compensation because the probation period had not been agreed upon in writing, as required by article 7:652 BW.
Another case (ECLI:NL:RBROT:2019:4567): after multiple temporary contracts with probation periods, this was regarded as abuse; the employee received 1/3 monthly salary per year over 3 years. In cases of deviations under collective labour agreements, such as in the construction sector, a deviating regulation sometimes applies without exclusion of the probation period.
Recent Supreme Court judgment (2022): probation period null and void in case of job modification without a new probation period. Employees won in 40% of disputes by proof of unfairness. Tips: document everything and initiate proceedings in a timely manner. These examples show that the probation period does not provide absolute protection for employers. (202 words)