Restoration of Employment Conditions After Void Probationary Period in Delft

In Delft, a vibrant centre for technology and innovation with companies such as TU Delft and numerous startups, a void probationary period has immediate consequences for local employment contracts. All clauses that applied exclusively during the probationary period, such as a temporarily lower salary or flexible hours fitting the project-based work culture in the region, lapse immediately. The standard employment conditions from the employment contract apply from the first day of work. This includes the full salary, accrual of vacation days and pension accrual, in accordance with the collective labour agreements that often apply to Delft employers in high-tech and education. Article 7:667 of the Dutch Civil Code explicitly states that a probationary period may not deviate from the principal agreement. Case law from the Supreme Court, relevant for cases from the South Holland region, confirms that arrears of pay must be paid retrospectively in the event of unfair probationary period clauses. Employees in Delft can file a claim with the subdistrict court in The Hague, which has jurisdiction for the Delft region, for back pay and adjustment of conditions. Employers, such as those in the Technopolis or on the campus, must draft probationary period clauses watertight to avoid nullity, taking into account local labour market dynamics. Practical advice for Delft residents: collect evidence such as the signed employment contract, payslips and any emails regarding probationary period arrangements. In disputes, a mediator via the Juridisch Loket in Delft offers a low-threshold start, but for full restoration, legal proceedings before the subdistrict court are essential. This way, employees obtain financial compensation and security, fitting the stable jobs in this knowledge city. (248 words)