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Probation Period Nullity: Rules and Consequences in Delft

Discover when a probation period is null and void according to the BW, consequences for dismissal and steps in Delft: Juridisch Loket and Rechtbank Den Haag.

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Probation Period Nullity: Rules and Consequences

A **probation period nullity** means that the probation period in your employment contract is legally invalid. This can occur if the probation period does not meet the statutory requirements or is drafted unfairly. The probation period then loses its effect, and the standard rules of the **employment contract** apply. In Delft and surrounding areas, this impacts dismissal procedures, salary and employment conditions, with access to local institutions such as the Rechtbank Den Haag (district) or the Juridisch Loket Delft.

When is a Probation Period Null and Void?

Based on the **Dutch Civil Code** (article 7:667a BW), the probation period is limited to a **maximum of one month** for contracts shorter than six months, and **two months** for longer contracts. Exceeding this makes the probation period **null and void**.

Statutory Basis

Key provisions are:

  • Article 7:667a BW: Maximum duration of probation period.
  • Article 7:667b BW: No extension or repetition permitted.
  • Article 7:667c BW: Written inclusion mandatory.
A probation period may not **disadvantage the employee disproportionately**, such as abuse of vulnerability.

Reasons for Nullity

Possible situations:

  • Exceeding duration: Longer than 1 or 2 months, e.g., 3 months for a one-year contract.
  • No written fixation: Oral agreements do not count.
  • Misleading application: E.g., probation period despite known suitability.
  • Extension/repetition: Entirely null and void.

Practical Examples

For a 3-month probation period in a contract >6 months, only 2 months apply. The remainder is null and void.

Oral probation period without mention in the contract? Invalid; dismissal then requires normal procedure.

Rights and Obligations in Case of Nullity

Consequences of a null and void probation period:

Employee Rights

  • Dismissal Protection: No free termination; reason required (conduct/capacity).
  • Notice Period: Follows contract or collective agreement.
  • Compensation: Possible transition payment or damages for unfair dismissal.

Employer Obligations

  • Accept Nullity: Adjust contract.
  • Fair Treatment: No excessive pressure.
  • Information Obligation: Provide clear explanation.

Actions for Null and Void Probation Period in Delft

Take these steps:

  1. Check your contract for statutory compliance.
  2. Present the situation in writing to your employer.
  3. Seek free advice from the Juridisch Loket Delft (Stationsplein 36, Delft).
  4. In case of dispute: procedure at Rechtbank Den Haag (district The Hague, Delft location possible).
  5. Consider union or labour law attorney for negotiation.

In Delft, you can quickly access local support services for personal guidance.