Wvpw Act and the Probation Period in Den Haag
The Improving the Positioning of Flexible Work Forms Act (Wvpw Act), largely in effect since 1 August 2024, introduces new rules for the probation period in employee redeployment in Den Haag. Employers may now include a probation period of up to two months for replacement work, particularly in cases of dismissal for economic reasons or long-term illness. This provides greater flexibility for Den Haag businesses, while employees remain protected against unfair practices through agencies like the Legal Aid Office Den Haag.
Background of the Wvpw Act for Employers and Employees in Den Haag
This act strengthens the flexible labor market and prevents abuse, building on the Work and Security Act (WWZ) and the Balanced Labour Market Act (WAB). For Den Haag, with its many government and service sector companies, the probation period for redeployment is crucial. Previously, this was often not feasible for permanent contracts; now parties can agree on a short trial period to assess fit, promoting reintegration in the region.
Legal Rules for Probation Period under the Wvpw Act
The foundation is Article 7:652(4a) of Book 7 of the Dutch Civil Code (DCC), introduced by the Wvpw Act. For a new permanent contract in redeployment, a probation period of no more than two months may be agreed.
Redeployment applies in these cases:
- Dismissal for economic reasons (Article 7:669 DCC): During the transition period (one month post-dismissal) when offering alternative work.
- Long-term illness (Article 7:670 DCC): For track 2 reintegration to another Den Haag employer.
The agreement must be in writing, last no more than two months, and allow termination without notice period, without full dismissal protection.
Comparison of Probation Periods: Standard vs. Wvpw Act
| Aspect | Standard Probation Period (Art. 7:652 DCC) | Wvpw Act Probation Period (Art. 7:652(4a) DCC) |
|---|---|---|
| Duration | Max. 2 months (permanent contract) | Max. 2 months (redeployment) |
| Application | New contract | Redeployment after economic dismissal or illness |
| Termination | Without notice, from start | Same, for unsuitable work |
| Requirement | In writing | In writing, in transition or reintegration context |
Practical Examples from Den Haag
Example 1: Reorganization at Den Haag municipality. The Municipality of Den Haag must redeploy ten employees due to budget cuts. For two, it offers work in another department with a two-month probation period. After three weeks, it doesn't fit; the parties end the contract immediately. The employee retains the transition payment.
Example 2: Illness redeployment. Employee Z from Den Haag has long-term illness and moves via track 2 to another employer. The contract includes a one-month probation period. If not a fit, it ends smoothly, without long-term risks for the new employer.
This resolves common Den Haag practice issues, such as getting stuck in mismatches.
Rights and Obligations under the Wvpw Act
Employers in Den Haag
- Right: Probation period to test suitability.
- Obligation: Offer suitable work (min. 90% salary) and document in writing.
- Obligation: Reasonable grounds for termination, not arbitrary.
Employees in Den Haag
- Right: End without notice if the role doesn't fit.
- Obligation: Fully cooperate during probation.
- Right: Challenge abuse at the District Court of Den Haag; consult the Legal Aid Office Den Haag.
Adhere to good employment practices (Article 7:611 DCC).
Frequently Asked Questions about the Wvpw Act in Den Haag
Can the probation period exceed two months in Den Haag?
No, legally max. two months. Longer is invalid.
No written agreement?
No probation period; standard notice period applies.
Applies to temp or payroll in the Den Haag region?
No, only permanent redeployment. Other flex rules via Wvpw Act.
Must I accept the probation period?
Yes, by mutual agreement; refusal affects redeployment obligation. Seek advice from Legal Aid Office Den Haag.
Tips for Den Haag
For employers:
- Document in writing in the Den Haag employment contract.
- Keep records for UWV checks.
- Use mediation or District Court of Den Haag for issues.
For employees:
- Check the written probation period.
- Seek free advice from Legal Aid Office Den Haag (Laan van Wateringsveld 67).
- Be vigilant against abuse and approach the District Court of Den Haag.