Wet Wvpw and the Probation Period in Amsterdam
The Act on Improving the Positioning of Flexible Work Forms (Wet Wvpw), largely in force since 1 August 2024, changes the rules on the probation period for redeploying employees in Amsterdam. Employers may now include a probation period of up to two months for replacement positions, particularly in cases of dismissal for business economic reasons or long-term illness. This offers greater flexibility for Amsterdam companies, while employees remain protected against unfair practices through organizations like the Juridisch Loket Amsterdam.
Background of the Wet Wvpw for Amsterdam Residents
This act strengthens the flexible labor market and prevents abuse, building on the Work and Security Act (WWZ) and the Balanced Labor Market Act (WAB). In Amsterdam, with its dynamic economy, the probation period for redeployment is crucial for chain work, payroll, and reintegration. Previously, such periods were often limited for permanent contracts; now the act enables a short trial phase to assess job fit, promoting reintegration in the city.
Statutory Rules on Probation Period under Wet Wvpw
The key provision is in Article 7:652(4a) of Book 7 of the Dutch Civil Code (DCC), introduced by the Wet Wvpw. For a new permanent contract in redeployment, a probation period of no more than two months may be agreed.
Redeployment applies primarily in:
- Business economic dismissal (Article 7:669 DCC): Replacement work during the transition period (one month after dismissal).
- Long-term incapacity for work (Article 7:670 DCC): Reintegration via track 2 with another Amsterdam employer.
The agreement must be in writing, last no more than two months, and allow termination without notice period, without full dismissal protection.
Comparison of Probation Periods: Standard vs. Wet Wvpw
| Aspect | Standard Probation Period (Art. 7:652 DCC) | Wet Wvpw Probation Period (Art. 7:652(4a) DCC) |
|---|---|---|
| Duration | Max. 2 months (permanent contract) | Max. 2 months (redeployment) |
| Application | New contract | Redeployment after redundancy dismissal or illness |
| Termination | Without notice period from start | Same, for unsuitable role |
| Requirement | In writing | In writing, during transition/reintegration |
Practical Examples in Amsterdam
Example 1: Reorganization in Amsterdam. A tech company in Amsterdam South must dismiss 10 employees due to downsizing. Two are offered jobs at another branch with a two-month probation period. After one month, it doesn't work out; the contract ends without notice period, with retention of the transition payment.
Example 2: Illness Reintegration. An Amsterdam employee has been ill for two years and is redeployed via track 2 to a retail company in the Jordaan. With a one-month probation period, the contract can end smoothly if it's not a good fit, without long-term risks for the employer.
This resolves mismatches in Amsterdam's vibrant labor market.
Rights and Obligations under Wet Wvpw
Employers in Amsterdam
- Right: Probation period to test suitability.
- Obligation: Offer suitable work (min. 90% salary) and document in writing.
- Obligation: Reasonable grounds for termination, no arbitrariness.
Employees in Amsterdam
- Right: End contract without notice period if job doesn't suit.
- Obligation: Full effort during probation period.
- Right: Protection against abuse; challenge via Amsterdam District Court or Juridisch Loket Amsterdam.
Adhere to good employer and employee conduct (Article 7:611 DCC).
Frequently Asked Questions
Can the Wet Wvpw probation period exceed two months?
No, maximum two months; longer periods are invalid and fall under general rules.
No written agreement?
No probation period; standard notice period applies upon termination.
Does it apply to payroll/temporary agency work in Amsterdam?
No, only redeployment to permanent contracts; flexible rules elsewhere in Wet Wvpw.
Must I accept the probation period?
Yes, by mutual agreement; refusal is allowed but affects redeployment obligation. Seek advice from Juridisch Loket Amsterdam.
Tips for Amsterdam
For employers:
- Include probation period in writing in contract offer.
- Document for UWV and Municipality of Amsterdam.
- Use mediation via local agencies in disputes.
For employees:
- Check the written agreement.
- Seek free help from Juridisch Loket Amsterdam.
- Approach Amsterdam District Court for invalid probation periods.