Probation Period Nullity The Hague: Rules and Consequences

Probation Period Nullity in The Hague: Rules and Consequences

A **probation period nullity** means that the probation period in your employment contract is legally invalid. This can occur if the probation period does not meet the statutory requirements or is drafted unfairly. In case of nullity, the probation period loses its effect and the standard rules of the **ordinary employment contract** apply. This affects dismissal procedures, salary and terms of employment.

When is a probation period null and void under the law?

Pursuant to the **Dutch Civil Code** (article 7:667a DCC), the maximum probation period is **1 month** for contracts shorter than 6 months, and **2 months** for longer contracts. Exceeding this makes the probation period **null and void**.

Statutory bases

Key provisions:

• Article 7:667a DCC: Duration limitation of probation period.
• Article 7:667b DCC: Prohibition on extension or repetition.
• Article 7:667c DCC: Written recording mandatory.

Circumstances of nullity

Possible reasons:

• Exceeding duration: For example, 3 months probation for a 1-year contract is null and void.
• No written recording: Oral agreements do not count.
• Misleading application: Probation period while the employer already knows you are suitable.
• Extension or repetition: Contrary to the law.

Practical examples

Example 1: Your 8-month contract includes a 3-month probation period. The law limits this to 2 months; the third month is null and void.

Example 2: Oral 1-month probation period, not in the contract. Dismissal during this period requires a valid reason.

Rights and obligations in case of null probation period

Employee rights

• Dismissal protection: Ordinary rules apply; employer must demonstrate **reasonable ground**.
• Notice period: Follows contract or **CBA**.
• Damage claim: Possible in case of wrongful dismissal.

Employer obligations

• Accept nullity: Adjust contract.
• Fair treatment: No excessive pressure.
• Information duty: Provide clear explanation.

Actions in case of null probation period in The Hague

Step-by-step plan:

1. Check your contract for statutory compliance.
2. Present the situation in writing to your employer.
3. Seek assistance from the District Court of The Hague, Prins Clauslaan 60, or the Legal Aid Office The Hague, Lutherse Burgwal 10.
4. Consider legal advice for damage claim or proceedings.

In The Hague, you can go to the District Court of The Hague (Prins Clauslaan 60) for official proceedings. The Legal Aid Office (Lutherse Burgwal 10) offers free initial assistance.