In Delft, with its thriving tech sector and universities such as TU Delft, normally no transitional compensation is due upon termination during the probationary period, but there are crucial exceptions. According to Article 7:673(7) of the Dutch Civil Code (BW), the exclusion does not apply if the employer unlawfully uses the probationary period, for example to avoid transitional compensation in the case of long-term employment. In the event of unlawful extension – maximum 2 months for indefinite-term contracts – a Delft employee may claim the compensation.
The subdistrict court in The Hague, which handles cases from Delft, strictly examines for abuse. Consider the extension of a fixed-term contract with a probationary period after previous jobs at local startups or university companies; in such cases, the transitional compensation is still awarded. In cases of discrimination or unfair dismissal during the probationary period, the court may intervene. Practice example from the region: a TU Delft employee with 4 years of service received a new contract with a probationary period; upon dismissal, the subdistrict court ruled that this was a sham probationary period and awarded €7,500, taking into account Delft collective labour agreements (CAOs) in high-tech.
Employees in Delft must file an objection with the subdistrict court within 2 months after dismissal. Evidence such as emails, contracts or witness statements from colleagues is essential. Advice: engage a local lawyer in Delft to review your employment contract, especially with university or SME employers, and avoid risks. (212 words)