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Probation Period Nullity in Amsterdam: Rules and Consequences

What to do in case of a null probation period in Amsterdam? Rules, consequences, and step-by-step plan with locations of the Court and Legal Aid Office.

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Probation Period Nullity in Amsterdam: Rules and Consequences

A **probation period nullity** means that the probation period in your employment contract is legally invalid. This can arise if the probation period does not meet the statutory requirements or is drafted unfairly. The probation period then loses its effect, after which the standard rules of the **ordinary employment contract** apply. This affects dismissal procedures, salary, and employment conditions in Amsterdam.

When is a Probation Period Null in Amsterdam?

Based on the **Dutch Civil Code** (Article 7:667a DCC), a maximum probation period of **one month** applies to contracts shorter than **six months**. For longer contracts, this is **two months**. Exceeding this makes the probation period **null**. In Amsterdam, the Amsterdam District Court (Parnassusweg 220) handles such cases.

Statutory Basis

Key rules are set out in:

  • Article 7:667a DCC: Maximum duration of probation period.
  • Article 7:667b DCC: No extension or repetition permitted.
  • Article 7:667c DCC: Written inclusion mandatory.
A probation period may not **disproportionately burden** the employee. In case of doubt, you can obtain free advice from the Amsterdam Legal Aid Office (Vijzelstraat 77).

Circumstances of Nullity

Possible situations:

  • Exceeding duration: A 3-month probation period for a 1-year contract is null (max. 2 months).
  • Missing written recording: Oral agreements do not count.
  • Misleading application: Probation period while the employer already knows you are suitable.
  • Extension or repetition: Completely null.

Practical Examples in Amsterdam

For a 10-month contract with a 3-month probation period, this is reduced to 2 months. The Amsterdam District Court can confirm this.

Oral probation period of 1 month without mention in the contract? Null. Dismissal is then not possible at will.

Rights and Obligations in Case of Nullity

Consequences of a null probation period:

Employee Rights

  • Dismissal Protection: Employer must demonstrate a **reasonable ground**.
  • Notice Period: Follows the contract or collective agreement.
  • Compensation: Possible in case of wrongful dismissal.

Employer Obligations

  • Accept Nullity: Adjust the contract.
  • Fair Treatment: No excessive pressure.
  • Information Duty: Provide clear explanation.

Actions in Case of Null Probation Period in Amsterdam

Step-by-step plan:

  1. Check your contract for statutory compliance.
  2. Contact the Amsterdam Legal Aid Office (Vijzelstraat 77) for free advice.
  3. Involve the Amsterdam District Court (Parnassusweg 220) in case of dispute.
  4. Claim any compensation.
  5. Consult an employment law attorney for complex cases.

Tip: Keep all correspondence. In Amsterdam, local collective agreements often apply, providing extra protection.