In Amsterdam, where the labor market is vibrant with numerous startups in the hospitality and tech sectors, no transition compensation is typically awarded in the event of dismissal during the probationary period. However, there are crucial exceptions, particularly relevant for Amsterdam residents with varying contracts. According to Article 7:673(7) of the Dutch Civil Code (BW), the exclusion does not apply if the employer abuses the probationary period, for instance, to evade compensation in case of long-term employment. A probationary period exceeding the legal maximum of 2 months for indefinite-term contracts in Amsterdam’s cafés or offices in the Zuidas district? In such cases, you are entitled to the compensation.
Subdistrict court judges in Amsterdam scrutinize abuse more strictly, such as initiating a new probationary period after previous employment with the same company – think of seasonal workers in the Jordaan who repeatedly start 'anew.' In cases of sham constructions, discrimination, or unlawful dismissal during the probationary period, the Amsterdam District Court may impose the compensation. Practical example from Amsterdam: an employee with 4 years of experience at a canal-belt hotel was given a 'new' contract with a probationary period; the subdistrict court ruled it a sham probationary period and awarded €7,500, taking into account the high Amsterdam wages.
Amsterdam employees: file an objection with the subdistrict court at Prins Bernhardplein within 2 months. Gather evidence such as WhatsApp messages or colleagues as witnesses. Tip for the capital: have your contract reviewed by a local legal professional via the Legal Counter in Amsterdam-Oost to avoid pitfalls in the flexible labor market.