Written Probationary Period in Employment Contracts in The Hague
A written probationary period is a key clause in employment contracts, particularly relevant for residents of The Hague, where the job market is dominated by government and international roles. This period allows employers and employees to assess each other with minimal notice periods and without strict dismissal procedures. In The Hague, with its focus on diplomacy and governance, this flexibility is crucial for attracting new talent. This article explores the requirements, mechanics, and consequences of probationary periods, building on our foundational piece on probationary periods in employment contracts. For personalized advice in The Hague, contact the Juridisch Loket Den Haag.
What Does a Written Probationary Period Mean for Hague Residents?
A written probationary period is a defined phase at the start of an employment contract, allowing employers and employees in The Hague to evaluate each other. It ensures a smooth transition, particularly in roles with the Municipality of The Hague or international organizations. This period must be documented in writing—verbal agreements do not count. The maximum duration is one month for temporary contracts shorter than two years and two months for permanent or longer-term contracts. This system provides adaptability in The Hague’s dynamic job market while preventing abuse.
In practice, this means no need for dismissal permits and only a one-day notice period. It aligns with Dutch labor law, balancing employer needs with employee protections—a key consideration for the many civil servants and professionals in the city.
Legal Framework for Written Probationary Periods
The rules are outlined in the Dutch Civil Code (BW), Book 7, Title 10. Article 7:652 BW states: *“An employment contract may be entered into for a fixed or indefinite period, with a probationary period of no more than two months.”* For shorter contracts, a reduced period applies, as per Article 7:655 BW.
Critical is the written documentation (Article 7:655(3) BW); without it, the probationary period is invalid. Only one probationary period per contract is allowed, with extensions permitted only after a six-month break (Article 7:668a BW). The 2015 Wet Werk en Zekerheid (Employment and Security Act) tightened rules to prevent repeated probationary periods—a practical consideration in The Hague’s seasonal or project-based government roles. Violations render the clause void, defaulting to standard termination rules.
Practical Examples of Written Probationary Periods in The Hague
Consider a policy officer signing a permanent contract with the Municipality of The Hague, including a two-month probationary period. After one month, team fit proves unsatisfactory; the employer can terminate with just one day’s notice, without further steps.
Or a nine-month temporary contract as an NGO assistant in The Hague, with a one-month probation. If the employee finds the work culture unsuited after ten days, they can leave without penalties. Without a written clause, however, the standard one-month notice applies.
In The Hague’s hospitality and events sector—where temporary staff are common during conferences—a one-month probation helps employers quickly assess team contributions, while employees can exit if workloads are excessive.
Rights and Obligations During the Written Probationary Period in The Hague
In The Hague, both parties have clear rights and duties during probation. Employers may terminate without cause, but must do so in writing and ideally with justification to avoid disputes—disputes can be escalated to the District Court of The Hague. Employees retain entitlements to salary, vacation days, and pension accrual, unless otherwise specified.
Obligations: Employees must perform according to the contract; employers must ensure workplace safety. Employer terminations must avoid discrimination; otherwise, the subdistrict court (Article 7:686 BW) may intervene. For assistance in The Hague, contact the Juridisch Loket Den Haag.
- Termination Right: One day’s notice for both parties.
- Protection: Enhanced for pregnant or ill employees; termination during sickness is prohibited (Article 7:670 BW).
- Justification Requirement: Not mandatory, but advisable to avoid legal challenges.
Comparison: Probationary Period vs. Standard Termination
| Aspect | Probationary Period | Regular Period |
|---|---|---|
| Notice Period | 1 day | 1 month (employee), longer for employer |
| Dismissal Permit | Not required | Required (UWV or subdistrict court) |
| Reasonable Grounds | Not required | Required |
| Transition Payment | Not applicable | Yes, after 2 years of service |
Frequently Asked Questions About Written Probationary Periods in The Hague
Must the probationary period always be in writing?
Yes, Article 7:655 BW requires explicit written inclusion in the contract. Verbal or implied agreements are invalid, defaulting to standard rules. In The Hague, consult the Juridisch Loket for clarification.