Upon termination during the probationary period, no transitional compensation is normally payable, but there are important exceptions. According to Article 7:673(7) of the Dutch Civil Code (BW), the exclusion does not apply if the employer unlawfully uses the probationary period, for example to avoid a transitional compensation in the case of a long-term employment relationship. If the probationary period lasts longer than permitted (maximum 2 months for indefinite-term contracts), the employee may claim the compensation.
Courts scrutinise strictly: in cases of abuse, such as extending a fixed-term contract with a probationary period after previous employment relationships, the transitional compensation is still awarded. Also in cases of discrimination or unfair dismissal during the probationary period, the subdistrict court may impose the compensation. Practical example: an employee with 5 years of service receives a new contract with a probationary period; upon dismissal, the court ruled that this was a sham probationary period and awarded €8,000.
Employees must object to the subdistrict court within 2 months after dismissal. Proof of abuse is crucial, such as emails or witness statements. Advice: have your contract reviewed by a lawyer to minimise risks. (198 words)