Written Probationary Period in Amsterdam Employment Contracts
The vibrant Amsterdam job market offers a written probationary period as an opportunity for mutual assessment between employers and employees. During this phase, both parties can terminate the agreement with short notice, bypassing standard dismissal procedures. This article explores the requirements, mechanics, and consequences of the written probationary period, specifically tailored to the Amsterdam context, as a supplement to our foundational piece on Probationary Periods in Employment Contracts. For advice in Amsterdam, contact the Amsterdam Legal Helpdesk (*Juridisch Loket Amsterdam*).
What Does a Written Probationary Period Mean for Amsterdam Residents?
A written probationary period is a defined initial phase in an employment contract, allowing employers and employees in Amsterdam to evaluate compatibility. The goal is to determine whether the fit works in this dynamic city, where sectors like tech, finance, and tourism dominate. The probationary period must be documented in writing—verbal agreements do not count. Its duration is capped at one month for temporary contracts shorter than two years and two months for permanent or longer-term contracts. This system provides flexibility in Amsterdam’s adaptable labor market while preventing misuse.
In practice, this means no dismissal permit is required, and termination only requires one day’s notice. It aligns seamlessly with Dutch labor law, balancing the interests of employers in the Zuidas business district with the rights of employees in the Jordaan neighborhood.
Legal Basis for the Written Probationary Period
The rules governing written probationary periods are outlined in the Dutch Civil Code (*Burgerlijk Wetboek*, BW), Book 7, Title 10. **Article 7:652 BW** is key: *“An employment contract may be entered into for a fixed or indefinite term, with a probationary period of no more than two months.”* For shorter contracts, stricter limits apply, as specified in **Article 7:655 BW**.
Crucially, the probationary period must be agreed in writing** (Article 7:655(3) BW). Without written confirmation, it is invalid. Only one probationary period per contract is allowed; extensions are only valid if they constitute a new contract with a minimum six-month break (Article 7:668a BW). In Amsterdam, where the municipality frequently hires temporary staff, the **2015 Work and Security Act (Wet Werk en Zekerheid)** combats abuse, such as repeated probationary periods to simplify dismissals. Violations can invalidate the clause, reverting to standard notice and termination rules.
Practical Examples of Written Probationary Periods in Amsterdam
Consider a graphic designer signing a permanent contract with a creative agency at Amsterdam’s Westergasfabriek. The contract includes a two-month written probationary period. After three weeks, the designer struggles with the city’s deadline-driven culture. The employer can then terminate with just one day’s notice, without further obligations.
Another case: a six-month temporary contract as a barista in a trendy De Pijp café, with a one-month probationary period. If the employee finds the cycling commute too long after two weeks, they can resign without issues. However, without written documentation, the standard one-month notice period applies, binding them to the job.
In Amsterdam’s hospitality sector—especially around tourist hotspots like Vondelpark—one-month probationary periods are common for seasonal workers. Employers can quickly assess team fit, while employees can leave if the pressure in peak seasons becomes overwhelming.
Rights and Obligations During the Written Probationary Period in Amsterdam
During the probationary period, both employers and employees in Amsterdam have clear rights and duties. Employers may terminate without cause but must do so in writing and ideally provide a rationale to avoid disputes. Employees are entitled to salary (unless otherwise agreed), accrued vacation days, and pension contributions.
Obligations include fulfilling contractual duties: employees must perform as agreed, while employers must ensure a safe workplace, as required in neighborhoods like the Grachtengordel. If an employer terminates without valid reason, discrimination claims may arise (Article 7:686 BW), allowing the employee to pursue the **Amsterdam District Court (Rechtbank Amsterdam)**. The Amsterdam Legal Helpdesk offers free initial guidance on such matters.
- Right to Termination: Either party can end the contract with one day’s notice.
- Protection: Pregnant or ill employees in Amsterdam have enhanced safeguards; termination during sickness is prohibited (Article 7:670 BW).
- Duty to Explain: While not legally required, providing a rationale is advisable to avoid court proceedings in Amsterdam.
Comparison: Probationary Period vs. Standard Notice in Amsterdam
| Aspect | Probationary Period | Standard Period |
|---|---|---|
| Notice Period | 1 day | 1 month (employee), longer for employer |
| Dismissal Permit | Not required | Required (UWV or Amsterdam District Court) |
| Valid Reason | Not required | Required |
| Transition Payment | Not applicable | Yes, after 2 years of service |
Frequently Asked Questions About Written Probationary Periods in Amsterdam
Must the probationary period always be in writing?
Yes, **Article 7:655 BW** explicitly requires written inclusion in the employment contract. Verbal or implied agreements are invalid, defaulting to standard rules. In Amsterdam, the Legal Helpdesk can review your contract for compliance.