What is a probationary period and what is permitted during this time?

A probationary period is an agreed period at the start of an employment contract. During this period, both you and your employer may terminate the contract immediately, without notice. However, rules still apply during a probationary period — not everything is permitted without reason.

Last checked: March 2026. Legal information is subject to change — always check the current legislation at wetten.nl.

What does the law say?

A probationary period is regulated by the Civil Code. Article 7:652 of the Civil Code (check this article on wetten.nl for the most up-to-date version) sets out exactly when a probationary period is valid and how long it may last.

The rules are clear. A probationary period must always be agreed in writing. This means that the agreement must be included in your employment contract. A verbal agreement regarding a probationary period has no legal standing. If nothing is set out in writing, you are immediately on a permanent contract — or at least without a probationary period.

How long can a probationary period last? That depends on the type of contract you are offered:

Are you being offered a fixed-term contract of two years or longer, or a permanent contract? Then the probationary period may last for a maximum of two months.
Are you being offered a fixed-term contract of between six months and two years? Then the probationary period may last for a maximum of one month.
Are you getting a fixed-term contract of six months or less? Then no probationary period may be agreed at all.

The employer and employee must have the same probationary period. So you and your employer are in the same boat. Your employer cannot give themselves a longer probationary period than you have.

During the probationary period, the employer may terminate the contract without notice. You may do so as well. This is the essence of the probationary period: there is more scope to see if the working relationship works. But this freedom has limits. The employer may not terminate the employment contract on prohibited grounds. Examples include pregnancy, illness, trade union membership or any other discriminatory reason. This remains prohibited, even during the probationary period. See Article 7:670 of the Dutch Civil Code (check this article on wetten.nl for the most up-to-date version) for the prohibitions on dismissal.

A probationary period may also not be extended. Once agreed, the duration is fixed. If you fall ill during the probationary period, it simply continues. Time does not stand still.

When does this apply to you?

The probationary period rules apply to virtually everyone in paid employment in the Netherlands. Whether you work full-time, part-time, on an on-call basis or through a temporary employment agency — the law protects you.

Suppose you start at a company on 1 January on a one-year fixed-term contract. In that case, the probationary period may be a maximum of one month. Does your contract state a two-month probationary period? Then that agreement is void — that is to say: legally invalid. In that case, there is no probationary period.

Another example. You have previously worked for the same company and are rehired for the same role. The employer wants to agree on a probationary period again. This is not permitted. The law does not allow a probationary period if you have previously performed the same duties for the same employer. This follows from case law relating to Article 7:652 of the Dutch Civil Code.

Are you working through a temporary employment agency? In that case, different rules may apply, depending on the collective labour agreement (CLA) that applies. Always check your own CLA if one exists.

You continue to accrue rights during the probationary period. You are entitled to pay, holiday entitlement and standard working conditions. The probationary period is not a ‘period without rights’. For example, your employer may not simply pay you less than agreed or make you work overtime without compensation.

If you are dismissed during the probationary period and you suspect this is related to pregnancy or illness, you may have a strong legal case. It is wise to have this checked immediately by a lawyer.

Step-by-step guide — what can you do now?

Read your employment contract carefully. Does it mention a probationary period? Check how long it lasts and whether this complies with the statutory maximum periods.
Check whether the probationary period is set out in writing. Is there nothing in your contract? Then, legally, there is no probationary period.
Compare the length of the probationary period with the duration of your contract. Do you have a contract of less than six months? Then there should be no probationary period. Is your contract between six months and two years? Then the probationary period may be a maximum of one month.
Are you being dismissed during the probationary period? Ask in writing for the reason for dismissal. This is your right, and you will need this information if you are considering legal action.
Do you suspect an unlawful reason for dismissal? Consider pregnancy, trade union membership or discrimination. Record everything: emails, conversations, dates. This is evidence.
Contact your trade union or a lawyer. If you have any doubts about the legality of the dismissal, it is important to act quickly. Deadlines can be short.
Check whether you are entitled to unemployment benefit. If you are dismissed during your probationary period, you may be eligible for benefits through the UWV. Visit uwv.nl for the conditions.

Common mistakes

Thinking that a verbal probationary period is valid. It isn’t. A probationary period must always be agreed in writing. Without a written agreement, there is no probationary period.
Agreeing to an extension of the probationary period. By law, a probationary period cannot be extended. Is your employer off sick or on holiday? The probationary period continues as normal.
Thinking you have no rights during the probationary period. You are still entitled to pay, holiday entitlement and safe working conditions. The probationary period does not change that.
Not asking for clarification if you’re dismissed during the probationary period. Many people accept the dismissal without asking for the reason. Always ask for the reason in writing. Especially if you suspect discrimination or an unlawful reason for dismissal.
Accepting a new probationary period with the same employer for the same role. This is not permitted by law. Are you returning to the same employer in the same role? Then a new probationary period cannot be agreed.

Frequently asked questions

Can an employer simply dismiss you during the probationary period?

Yes, but not without limits. During the probationary period, the employer may terminate the contract without notice. However, there are prohibited grounds for dismissal. Dismissal on the grounds of pregnancy, illness, trade union membership or discrimination is also prohibited during the probationary period. Do you suspect such a reason? Then ask for an explanation immediately and seek legal advice.

What is the maximum length of a probationary period?

That depends on your contract. For a fixed-term contract of less than six months, there must be no probationary period. For a contract of six months to two years, the maximum probationary period is one month. For a contract of two years or longer, or a permanent contract, the maximum probationary period is two months. Does your contract state a longer period? Then that longer period is void and no probationary period applies.

Can a probationary period be extended if you are ill?

No. By law, a probationary period may never be extended. If you fall ill during the probationary period, it simply continues as normal. Once the probationary period has ended, the standard dismissal rules apply, even if you are still ill at that point.

Are you entitled to unemployment benefit after being dismissed during the probationary period?

You may be, but this depends on your situation. You must meet the weeks requirement: in the 36 weeks prior to dismissal, you must have worked for at least 26 weeks. Have you only just started? Then you have probably not yet accrued those weeks. Check uwv.nl for the current conditions and check with the UWV.

Does a probationary period have to be agreed in writing?

Yes, always. A verbal agreement regarding a probationary period is not legally valid. Does your employment contract not mention a probationary period? Then there is no probationary period, regardless of what your employer says. So make sure you always have a written contract before you start.

Relevant legal provisions

Article 7:652 of the Dutch Civil Code — probationary period in employment contracts (check this article on wetten.nl for the most up-to-date version)
Article 7:670 of the Dutch Civil Code — prohibitions on termination during exceptional circumstances (check this article on wetten.nl for the most up-to-date version)
Article 7:676 of the Dutch Civil Code — consequences of void probationary period clauses (check this article on wetten.nl for the most up-to-date version)

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