Probationary Period in Temporary Employment Contracts in Delft

In Delft, with its thriving tech and education sector around TU Delft and innovation hubs such as Yes!Delft, strict rules apply to the probationary period in temporary employment contracts. For contracts shorter than six months, a maximum of one month, for longer ones two months, as laid down in Article 7:667a of the Dutch Civil Code (BW). A violation renders the probationary period void with retroactive effect, crucial for temp workers at local companies in the manufacturing industry or seasonal work during events such as the Delft Chamber Music Festival. Collective labour agreements (CAOs), such as the popular Temporary Employment CAO at agencies in the Delft-Schiedam region, may have deviating rules, but never longer than prescribed by law. A void probationary period prevents unilateral dismissal and triggers the chain arrangement: a maximum of three successive contracts within two years. Local temp agencies often make mistakes here, for example with short-term assignments for starters in the Delft startup scene, leading to claims at the subdistrict court in the Palace of Justice on Oude Delft. Employees thus retain dismissal protection and seniority accrual. Advice for Delft employers: correctly integrate the probationary period into the Temporary Employment CAO and explicitly state it in contracts for flexible workers. Employees, especially students and young professionals: check upon commencement of employment. In disputes, file a request with the subdistrict court in Delft for declaration of nullity. The Work and Security Act (Wet Werk en Zekerheid) has strengthened this protection for flexible labour in Delft, with recent cases underscoring the position of local employees. (248 words)