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7 maart 2023

Probation period in the Netherlands

Are you considering to hire within or get a job in the Netherlands? If so, you should be aware of the probation period. In most situations, this is a part of the employment agreement. This probation period is an important part of the employment process, as it allows employers to assess an employee’s suitability for the job. It also gives the employee the chance to evaluate the job and decide if it, and the team, is the right fit for them. In this blog post, we’ll take a look at the probation period in the Netherlands and what it entails. We’ll also discuss the rights and obligations of both the employer and employee during the probation period. Finally, we’ll look at some tips to make sure your probation period is a success.

What the probation period entails

The probation period in the Netherlands is an important part of the employment process. It is a period of time in which both the employer and employee can assess the suitability of the job and the employee. During this period, the employer is allowed to evaluate the employee’s performance and decide whether the employee is a good fit for the job. Yet the same goes for the employee, they can use this period of time to assess the company culture and the job

During the probation period, both the employer and employee have the right to terminate the employment relationship without notice. This means that either party can end the contract at any time without the need for a specific reason or prior notice. However, termination during the probation period must not be discriminatory or in violation of other labor laws.

Rights of the Employer

Employers in the Netherlands have the right to set the length of the probation period, but it must not be longer than two months. The duration of the probation period in the Netherlands can be up to one month for fixed-term contracts and up to two months for indefinite-term contracts. However, the exact duration of the probation period may be different depending on the specific employment contract and any collective bargaining agreements that apply. 

During this period, the employer has the right to set rules and regulations for the employee to follow, such as attendance and punctuality. The employee is expected to adhere to these rules and regulations. If the employee does not, the employer has the right to terminate the contract immediately.

Employee rights

It is important to note that during the probation period, the employee is still entitled to the same rights and protections under Dutch labor law as they would be after the probation period has ended. The employee is entitled to receive the same salary as any other employee with the same job. The employee is also protected from discrimination and harassment, and must be treated with respect. The employee is also entitled to receive the same benefits as any other employee, such as health insurance, vacation and a safe and healthy work environment.

The end of the probation period

At the end of the probation period, the employer must decide whether to extend or terminate the contract. At the end of a probation period, employers and employees should have a clear understanding of their respective rights and responsibilities. Employers should ensure that their employees are given the necessary tools, resources and training to do their job effectively. Employees should be aware of their rights and obligations, such as the right to receive a fair wage, the right to be treated with respect, and the right to take leave when necessary. Both employers and employees should strive to maintain a positive and productive working environment in order to ensure the success of the organization.

Highly skilled migrants and probation

For highly skilled migrants in the Netherlands, the probation period is generally the same as for any other employee. However, it’s important to note that highly skilled migrants may have certain additional conditions attached to their employment contract due to their specific immigration status. For example, if a highly skilled migrant is employed under the Highly Skilled Migrant program, their employment contract must meet certain criteria to qualify for the program, such as a minimum salary threshold and certain benefits.

Additionally, under the Highly Skilled Migrant program, the probation period may not exceed one month for employees who have been hired for a period of less than two years, and two months for employees who have been hired for two years or more. This limitation is in place to ensure that employers do not abuse the probation period as a way to avoid the higher requirements and responsibilities that come with hiring a highly skilled migrant.

It’s worth noting that if a highly skilled migrant is terminated during the probation period, they may lose their right to remain in the Netherlands if they do not find a new job within a certain period of time. Therefore, it’s important for both employers and highly skilled migrants to carefully consider the terms of the employment contract and any associated immigration requirements before entering into a probationary period.

Ultimately, the probation period in the Netherlands is an integral part of any employment contract and should be respected by both parties. This way, both employers and employees, be it someone national or Highly Skilled Migrants, can make the most of their probation period — ensuring that it is a successful experience for all involved.

Need help? Employer of Record in the Netherlands can help!

At Dutch Employer of Record, we specialize in helping companies and employees with subjects that might be a bit difficult to navigate as a non native. Think of payroll linked activities and benefits within the Dutch system. We can take all the hassle and stress out of your hands and apply all necessary steps to get your employees operational in the Netherlands as soon as possible.

If you would like to learn more about our services, contact us or set up a profile.

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