Consequences of Null and Void Probationary Period for Dismissal Protection in Delft

In Delft, where the labour market is vibrant due to universities such as TU Delft and innovative companies in the region, it is especially important to know what happens if a probationary period is declared null and void. Then the special dismissal rules that normally apply during the probationary period lapse. The employee in Delft enjoys full dismissal protection, as if the probationary period never existed. This means that an employer cannot unilaterally dismiss the employee without just cause and without following the statutory procedure, such as a dismissal permit from the UWV in The Hague or proceedings before the subdistrict judge in the District Court of The Hague, Delft subdistrict. Pursuant to Article 7:668 of the Dutch Civil Code (BW), dismissal must comply with the general rules of the Civil Code. Local practice examples from the Delft region, such as at tech startups and university employees, show that courts declare the dismissal null and void and grant the employee the right to continued payment of wages until a new solution is reached. Employees in Delft can invoke nullity if the probationary period was too long – maximum two months for permanent contracts – or not recorded in writing in the employment contract. Employers risk liability for compensation for damages, which can be painful in the competitive Delft labour market. It is crucial to immediately review the employment contract in case of disputes, especially with the nearby UWV offices. Advice: consult a lawyer in Delft or the surrounding area to assert your rights and claim possible damages. This significantly protects your position in local employment disputes, whether you work at a high-tech company or the municipality. (248 words)