Restoration of Employment Conditions After Invalid Probationary Period in Amsterdam

In Amsterdam, where the labor market is vibrant with countless starters in tech and creative sectors, an invalid probationary period has a direct impact on employment conditions. All clauses that only applied during the probationary period, such as a reduced salary or flexible working hours fitting the dynamic Amsterdam work culture, lapse automatically. The standard conditions of the employment contract take effect from day one. This includes the regular salary, accrual of vacation days, and pension contributions, often regulated via local collective labor agreements such as those for Amsterdam hospitality or IT sector. Article 7:667 of the Dutch Civil Code confirms that the probationary period may not deviate from the main agreement. Case law from the Supreme Court, applied in Amsterdam cases at the Amsterdam District Court, rules that arrears of pay must be paid if the probationary period is unfair. Employees can file a claim with the district court in Amsterdam, for example at Prins Hendrikkade, for back pay and correction. Employers in the city must draft probationary period clauses carefully, taking into account stricter checks by the Amsterdam labor inspectorate, to prevent invalidity. Practical advice for Amsterdammers: collect evidence such as the signed agreement, payslips, and any WhatsApp correspondence with HR. In case of dispute over invalidity, the Amsterdam mediation service offers a solution, but legal steps via the local court are often necessary for full restoration. This ensures financial compensation and stability in the demanding Amsterdam labor market. (248 words)