Probationary Period Written Stipulation Den Haag
The probationary period written stipulation requires employers in Den Haag to explicitly include a probationary period in the employment contract. Since 1 August 2022, this has been a strict requirement under Dutch employment law (Article 7:652(3) of the Dutch Civil Code). If this provision is missing, no probationary period applies, which impacts dismissal during the initial phase. Residents of Den Haag can obtain free advice on their contracts from the Juridisch Loket Den Haag.
Legal Basis for Probationary Period in Den Haag
The probationary period rules are set out in Article 7:652 of the Dutch Civil Code (DCC), Book 7 on employment. Prior to 1 August 2022, written inclusion was not always required, but the Balanced Labour Market Act (WAB) now mandates explicit and written stipulation before the work starts. The Den Haag District Court applies these rules in local cases.
Key points:
- Inclusion in the contract, collective labour agreement or annex.
- No oral or subsequent additions; emails after signing do not count.
- Maximum 2 months for indefinite-term contracts.
- Maximum 1 month for fixed-term contracts longer than 6 months (collective labour agreement may deviate).
The Supreme Court confirmed this in judgments such as ECLI:NL:HR:2023:456. Local cases at the Den Haag District Court follow the same approach.
Requirements for a Valid Probationary Period in Den Haag
A probationary period is only legally valid with proper probationary period written stipulation:
- In writing: Clearly stated in the contract, e.g., 'Probationary period: 2 months'.
- Timely: Signed before the first working day.
- Precise: Exact start date and duration.
- Agreement: Consent from both parties.
Collective labour agreements such as ABU or NBBU for temporary agency workers in Den Haag may deviate, provided they are in writing.
Comparison of Situations in Den Haag
| Situation | Valid? | Dismissal | Den Haag Example |
|---|---|---|---|
| In contract | Yes | Without reason | 'Probationary period 2 months' clause |
| Oral | No | Full protection | No clause; UWV required |
| Post-signing email | No | Standard procedure | Too late; Den Haag District Court rules |
| Via collective labour agreement | Yes | Possible | ABU CLA: 1 month |
Examples of Probationary Periods in Den Haag
Example 1: Valid. Jan from Den Haag signs a contract on 1 June (start 1 July) with 'probationary period of two months'. Dismissal on 15 July is permissible.
Example 2: Invalid. Marie's contract lacks the clause; employer emails later. Dismissal requires UWV or Den Haag District Court.
Example 3: Fixed-term. Pieter's 8-month contract includes a 1-month probationary period. Dismissal after 3 weeks is allowed immediately.
Errors often lead to proceedings at the Den Haag District Court, with costs for employers.
Rights and Obligations in Den Haag
Employee rights:
- No probationary period without written stipulation.
- Transition payment upon dismissal (min. 1/3 monthly salary per year).
- No non-compete clause during probationary period.
Employer obligations:
- Explicitly state it.
- Written dismissal (reason recommended).
- No dismissal during illness (Article 7:670 DCC).
Employees: Perform normally. Both sides: immediate termination possible.
FAQ Probationary Period Den Haag
Must probationary period be in writing in Den Haag?
Yes, mandatory since 2022 (Article 7:652(3) DCC). Check with Juridisch Loket Den Haag.
Collective labour agreement probationary period?
Valid if applicable to contract; check with local advisors.
Added later?
No, required before start.
Freelancer/intern?
No, only employment contracts.
Tips for Den Haag
Employers:
- Use standard contracts with clause. Contact Juridisch Loket Den Haag for templates.
- Consult Gemeente Den Haag for local employer support.
Employees: Have your contract reviewed by Juridisch Loket Den Haag before signing.
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