Probationary Period: Written Documentation in Amsterdam

Probationary Period: Written Documentation in Amsterdam

For employers and employees in Amsterdam, written documentation of the probationary period is essential. Since 1 August 2022, Dutch employment law (Article 7:652(3) of the Dutch Civil Code) requires an explicit written provision in the contract. Without it, no probationary period applies, affecting dismissal during the initial phase. In disputes, you can turn to the Amsterdam District Court or the Amsterdam Legal Advice Office for guidance. This article clarifies the rules for the local labour market.

Legal Basis in Amsterdam

Article 7:652 of the Dutch Civil Code governs probationary periods in Book 7 on employment. The Balanced Labour Market Act (WAB) made written documentation mandatory before 1 August 2022. In Amsterdam, with its dynamic job market, the probationary period must be clear and in writing before the start date.

Key points:

• Mentioned in the contract, collective labour agreement (CLA), or appendix.
• No oral agreements or later additions via email.
• Maximum 2 months for indefinite-term contracts.
• Maximum 1 month for fixed-term contracts longer than 6 months (deviations possible via CLA).

The Supreme Court ruled in ECLI:NL:HR:2023:456 that only written documentation is valid. Local cases at the Amsterdam District Court strictly adhere to this.

Requirements for a Valid Probationary Period in Amsterdam

Valid written documentation of the probationary period must meet:

1. In writing: E.g., 'Probationary period: 2 months' in the contract.
2. Timely: Signed before the work starts.
3. Precise: Exact duration and start date.
4. Consent: Agreement by both parties.

CLAs such as ABU/NBBU for temporary workers in Amsterdam may deviate, provided it is in writing.

Comparison: With and Without Documentation

Practical Examples for Amsterdam

Example 1: Valid. Jan from the Jordaan signs a contract on 1 June (start 1 July): 'Probationary period two months.' Dismissal on 15 July by his employer in Oost is legally valid.

Example 2: Invalid. Marie in West receives no clause; employer emails later about a 1-month probationary period. Dismissal requires UWV procedure.

Example 3: Fixed-term. Pieter with an 8-month contract in Zuid has a 1-month probationary period. Dismissal after 3 weeks is permitted immediately.

In Amsterdam court cases, employers often stumble here, leading to high costs.

Rights and Obligations

Employee rights:

• No probationary period without written documentation.
• Transition payment on dismissal (min. 1/3 monthly salary per year).
• No non-compete clause during probationary period.

Employer obligations:

• Explicitly state it.
• Written dismissal (reason recommended).
• No dismissal during illness (Article 7:670 Dutch Civil Code).

Employees: perform normally. Both parties may terminate immediately, no notice period.

FAQ: Probationary Period in Amsterdam

Tips for Amsterdam

Employers:

• Use standard contracts with the clause. Consult Municipality of Amsterdam for local templates or probationary period info.
• Consult Amsterdam Legal Advice Office if in doubt.

Employees: Check the contract before signing. In case of issues: Amsterdam District Court or UWV Work Company Amsterdam.