Consequences of a Void Probationary Period for Dismissal Protection in Amsterdam

In Amsterdam, where the labor market is vibrant with numerous startups in the tech, creative sectors, and hospitality, a void probationary period poses a significant risk for employers. When the subdistrict court of the Amsterdam District Court declares a probationary period void – for instance, because it was not recorded in writing or lasted too long for the type of contract – the special dismissal rules immediately cease to apply. The employee enjoys full dismissal protection, as if the probationary period never existed. This follows from Article 7:668 of the Dutch Civil Code (BW): dismissal is only permitted with reasonable grounds and through the standard procedure, such as obtaining a permit from the Employee Insurance Agency (UWV) or initiating proceedings before the Amsterdam subdistrict court. Recent cases at the Amsterdam District Court illustrate this: judges declare dismissals void and oblige employers to continue wage payments plus pay a transition allowance. For example, in a case involving an Amsterdam-based tech company, the employer was required to pay tens of thousands of euros in damages because the probationary period was invalid. Employees in the city can invoke nullity, particularly in the case of flexible contracts, which are prevalent here. Employers risk not only continued wage payments but also liability for additional damages. In the context of Amsterdam labor disputes, it is essential to have the employment contract reviewed immediately by a local legal expert, such as those at the Legal Counter Amsterdam (Juridisch Loket) or specialized law firms in the Zuidas business district. Advice: assert your rights in a timely manner to strengthen your position in this dynamic labor market. This prevents financial losses and provides certainty.