Probationary Period in Temporary Employment Contracts

For temporary employment contracts, strict rules apply to the probationary period. For contracts shorter than six months, a maximum of one month, longer two months, in accordance with Article 7:667a of the Dutch Civil Code (BW). Otherwise, the probationary period is void, with retroactive effect. This is relevant for temporary agency workers or seasonal work. Collective labour agreements (CAOs) may provide for deviating rules, but never longer than the law provides. A void probationary period blocks unilateral dismissal and activates the chain arrangement (maximum three contracts, two years). In practice, we see that employment agencies often make mistakes, leading to claims. For example: a probationary period in a two-week assignment is always void. Employees then retain dismissal protection and accrual of seniority. Advice for employers: integrate the probationary period into the Temporary Agency Workers CAO and state it explicitly. Employees: check upon commencement of employment. In case of dispute, file a request with the subdistrict court (kantonrechter) for declaration of nullity. This effectively protects flexible workers. Recent legislative changes in the Work and Security Act strengthen this position. (197 words)