Probationary Period in Temporary Employment Contracts in Amsterdam

In Amsterdam, the city of flexible labour with countless temp agencies around the Zuidas and in the port areas, strict rules apply to the probationary period in temporary employment contracts. For contracts shorter than six months, a maximum of one month, and for longer ones a maximum of two months, as laid down in Article 7:667a of the Dutch Civil Code. Exceeding this renders the probationary period void with retroactive effect. This often arises with temp workers in Amsterdam's hospitality, tourism or logistics sectors, such as seasonal work during festivals along the Amstel. Collective labour agreements (CAOs), such as the popular Collective Labour Agreement for Temporary Employment in the North Holland region, may provide deviating rules, but never longer than prescribed by law. A void probationary period prevents unilateral dismissal by employers and triggers the chain arrangement: a maximum of three successive contracts within two years. Local temp agencies in Amsterdam regularly make mistakes here, for example with short-term assignments in the city centre, leading to claims at the sub-district court in the Palace of Justice on Prinsengracht. Employees thus retain dismissal protection and seniority accrual. Advice for Amsterdam employers: correctly integrate the probationary period into the Collective Labour Agreement for Temporary Employment and explicitly state it in contracts. Employees in the city: check your agreement upon commencement of employment. In case of disputes, go to the Amsterdam sub-district court for declaration of nullity – a fast procedure in this vibrant labour market. The Work and Security Act has further strengthened this protection for flex workers in Amsterdam, particularly relevant for the growing gig economy. (248 words)