In the Netherlands, employers take great pains to find the talent they require. Even after carefully screening applications and interviewing candidates, however, they can’t be sure if their new hires will work out until they try them on the job. Likewise, employees are cautious about taking new jobs.

While they may research employers carefully, they won’t know what it’s like to work for a new company until they try it. Probation periods offer both sides the opportunity to test out their employment arrangements.

In this guide, we’ll discuss the ways that probation periods in the Netherlands are used, the benefits they can provide, and the regulations that govern their use, so you’ll know what your obligations are.

Definition of a Probation Period in the Netherlands

In the Netherlands, probation periods are commonly used to help employers avoid costly hiring mistakes. These are periods in which employers can assess the suitability of their new workers and make final judgements before committing to employ them permanently.

A probation period will always start from the first day of a new hire’s employment and last for the duration laid down in their contract. During this time, the employer will assess the worker’s skills and ability to perform their job sufficiently. They’ll also look at how well the employee can work in their team and adapt themself to the company culture.

While employers make their assessments, employees also judge how appropriate they are for their new positions. They decide whether or not they’ll fit in well, be able to perform their tasks proficiently, and adapt to the dynamics of the workplace.

By Dutch law, both parties must have equal rights to terminate the employment agreement within the probation period. If they both decide to continue with it, however, the worker will become a permanent employee.

Lengths of Probationary Periods in the Netherlands

Probation periods are not required in the Netherlands, and the law doesn’t mandate any minimum duration they can have. However, the maximum allowed duration of a probation period is mandated and is based on the type and length of the employee’s contract.

Contract Type & Duration Maximum Probation Period
Permanent (open-ended) contract Up to 2 months
Fixed-term contract less than 6 months Not allowed
Fixed-term contract (6 months to < 2 years) 1 month
Fixed-term contract (2 years or more) Up to 2 months

These are the maximum durations allowed but shorter durations may be used at the discretion of the employer or if collective agreements apply.

Legal Considerations of Probation Periods in the Netherlands

Numerous pieces of legislation protect the rights of both employers and employees in the Netherlands. These include the Dutch Civil Code (DCC) and many other acts and decrees. The specific regulations that apply to probationary periods include the following:

General Rules for Probation Periods

The terms and durations for probation periods must be included in employees’ written contracts. These periods must be equal for both parties. A worker cannot be placed on probation again if they have previously worked in a similar capacity for the same employer.

Pay and Working Conditions

In several countries, employers are able to pay their employees less or require them to work longer hours during probation because they are not yet up to full productivity. In the Netherlands, there is no such allowance. Instead, probationary workers must be paid their full, contractually agreed wages.

Probationary employees are protected by a minimum wage of 14.71 EUR/hour (approximately 17.19 USD) if they are 21 and over, while younger employees have applicable youth minimum wages. Workers typically work 36-40 hours per week and cannot work more than 12 hours in a day or 48 hours in a week, inclusive of overtime. This is true for probationary and permanent employees.

Termination and Notice

Either party to an employment contract in the Netherlands can terminate the contract without giving a reason during or at the end of a probationary period. Employers are under no obligation to provide justifications or proof for dismissals. However, they cannot dismiss workers for discriminatory reasons. 

Additionally, workers cannot be dismissed while pregnant, on maternity leave, or for the first six weeks after maternity leave, regardless of whether they are probationary or permanent employees.

According to the DCC, employees and employers must provide equal amounts of notice when terminating contracts during probationary periods. When an employee, probationary or otherwise, has worked for less than five years, the required notice period is one month.

Vacation / Holidays

Workers in the Netherlands are entitled to four working weeks of annual leave. This is equal to 20 days if they work five days and 24 days if they work six days per week. Probationary workers can accumulate their leave at the rate of 1/12 of their entitlement per month. It is therefore possible for them to take leave while still on probation.

The Netherlands celebrates 11 public holidays per year, and probationary employees are entitled to leave on these days if they fall within their probationary periods. However, there is no requirement for employers to pay employees on public holidays, so this is left up to the employer’s discretion.

Benefits of Probation Periods in the Netherlands

Probation periods are widely used in the Netherlands and can produce the following benefits for employees and employers:

  • For Employees

They offer the chance for employees to test out new positions before committing to them long-term.

They enable employees to resign quickly and easily if they are not satisfied with their jobs.

  • For Employers

They let employers dismiss workers without cause if they’re not performing well.

They encourage employees to quickly learn their roles and demonstrate their value.

Frequently Asked Questions

Yes, probation periods are common and are allowed for workers on permanent contracts and fixed-term contracts longer than six months.

During a probation period, the employer doesn’t need to give a justification for dismissing an employee, nor does the employee need to justify a resignation. However, both parties are required to provide at least one month’s notice.

The maximum duration of a trial period in the Netherlands is two months.