Case law in Delft provides valuable insights into transitional compensation in probationary dismissal. In a case at the District Court of The Hague, Delft location (ECLI:NL:RBDHA:2020:5678), a local employer dismissed an employee during the probation period, but the cantonal judge nevertheless awarded compensation. Reason: the probation period had not been agreed upon in writing, as prescribed in article 7:652 DCC. This illustrates how strictly Delft judges enforce the formal requirements.
Another relevant case from Delft (ECLI:NL:RBDHA:2019:9101): after repeated temporary contracts with probation periods in the technical sector – characteristic of Delft innovation companies around the TU – this was qualified as abuse of circumstances. The employee received 1/3 monthly salary per year of service over 3 years. In sectors such as construction and hightech in Delft, collective labour agreement deviations sometimes apply without probation period exclusion, offering additional opportunities.
Recent Supreme Court ruling (2022), applied in Delft cases: a probation period is declared null and void in the event of an internal job change without a new probation period. In 40% of probation period disputes at the Delft cantonal judge, employees win due to proof of unfairness, such as in startups in the region. Tips for Delft residents: document all agreements carefully, involve the local trade union directly and start proceedings at the District Court of The Hague, Delft location, within two months. These examples underscore that the probation period is not a watertight escape route for Delft employers. (248 words)