Written Probationary Period in Employment Contracts in Delft
For residents of Delft, the written probationary period is a key clause in employment contracts, allowing employers and employees to assess compatibility. During this period, either party can terminate the agreement with minimal notice, bypassing standard dismissal procedures. This article explores the rules, applications, and consequences of the written probationary period, expanding on our overview of probationary periods in employment contracts. For Delft professionals in sectors like high-tech or academia, this is particularly relevant for entry-level roles.
What Does a Written Probationary Period Mean for Delft?
In Delft, where many young professionals and engineers work, the written probationary period is a defined initial phase to evaluate whether the employer-employee match is successful. The goal is to assess whether collaboration works and if the employee meets expectations. This probationary period must always be in writing in the contract; verbal agreements do not count. The maximum duration is one month for temporary contracts shorter than two years, and two months for permanent or longer-term contracts. This system provides flexibility while preventing misuse, such as in Delft’s local tech industry.
Practically, the probationary period requires no dismissal approval, and termination can occur with just one day’s notice. It aligns with Dutch labor law, balancing the interests of Delft employers and employees—whether at TU Delft or local startups.
Legal Rules for Written Probationary Periods
The legal basis for written probationary periods is found in the Dutch Civil Code (BW), Book 7, Title 10. Article 7:652 BW states: *“An employment contract may be entered into for an indefinite or definite period, with a probationary period of no more than two months.”* For shorter contracts, the duration is reduced, as specified in Article 7:655 BW.
Crucially, the probationary period must be documented in writing (Article 7:655(3) BW). Without this, the clause is invalid. Only one probationary period is allowed per contract; an extension requires a minimum six-month break (Article 7:668a BW). The 2015 *Wet Werk en Zekerheid* (Employment Certainty Act) tightened these rules to prevent repeated probationary periods, curbing abuse in Delft’s temporary employment sector. Violations invalidate the clause, and standard notice periods apply.
Practical Examples of Written Probationary Periods in Delft
Consider a software developer hired under a permanent contract by a Delft-based tech firm near TU Delft. The contract includes a two-month probationary period. After one month, it becomes clear the developer doesn’t fit the agile team. The employer can terminate with one day’s notice, avoiding bureaucratic hurdles.
Or an administrative employee with a six-month contract at the Municipality of Delft, including a one-month probationary period. If workload becomes overwhelming after two weeks, the employee can leave without penalties—unless the probationary period isn’t documented in writing, in which case the standard one-month notice applies.
In Delft’s hospitality sector or university events, a one-month probationary period is common for seasonal workers. This helps employers quickly assess team fit while allowing employees to leave if the environment isn’t suitable.
Rights and Obligations During the Written Probationary Period in Delft
For Delft residents, clear rights and obligations apply to both parties during probation. Employers can terminate without formal cause but must do so in writing and ideally provide a reason to avoid disputes. Employees retain rights to salary, vacation days, and pension accrual, unless otherwise agreed.
Both parties must uphold contract terms: the employee delivers work, the employer ensures a safe environment. If an employer terminates without just cause, discrimination claims can be filed with the *kantonrechter* (subdistrict court) in The Hague (Article 7:686 BW). For free advice in Delft, contact the *Juridisch Loket Delft*.
- Termination Right: Either party can end the contract with one day’s notice.
- Protection: Pregnant or ill employees are safeguarded; termination during sickness is prohibited (Article 7:670 BW).
- Duty to Explain: Not legally required, but advisable to avoid litigation at The Hague District Court.
Probationary Period vs. Standard Termination
| Aspect | Probationary Period | Regular Period |
|---|---|---|
| Notice Period | 1 day | 1 month (employee), longer for employer |
| Dismissal Approval | Not required | Required (UWV or kantonrechter) |
| Just Cause Needed | No | Yes |
| Transition Payment | Not applicable | Yes, after 2 years of service |
Frequently Asked Questions About Written Probationary Periods in Delft
Must the probationary period always be in writing?
Yes, Article 7:655 BW explicitly requires written inclusion in the contract. Verbal or implied agreements are invalid, defaulting to standard notice periods—including longer durations. In Delft, verify your contract’s validity with the *Juridisch Loket Delft*.