What are the trial periods under Dutch employment law?
A trial period (proeftijd) under Dutch employment law is a defined period at the start of employment during which either party may terminate the contract immediately, without notice and without needing to prove a ground. It is governed by Article 7:652 of the Dutch Civil Code, and must be agreed in writing before the trial period starts.
The trial period allows an employer to evaluate a new employee's performance and conduct before committing to a longer engagement, while giving the employee the same freedom to decide whether the position suits them. Both parties should understand these rules, since a trial period that does not meet the statutory conditions is void.
What Are the Requirements for a Valid Trial Period?
A trial period must be agreed in writing before the start of employment, and both employer and employee must expressly agree to it. Each party's rights and obligations during the trial period should be clearly specified.
A trial period clause that does not meet these conditions is void from the outset, meaning the ordinary notice-period and dismissal-ground rules apply instead.
When Is a Trial Period Void under Dutch Law?
A trial period is void in three situations: when the underlying contract lasts six months or less, when a temporary contract is converted into a permanent one without any change to the other terms, and when a temporary contract is extended without any change to the role or expectations.
In each of these cases, the employer and employee already know each other's performance and conduct well enough that a fresh evaluation period is not considered necessary, so the law does not permit a new trial period to be imposed.
How Long Can a Trial Period Last in the Netherlands?
The maximum duration depends on the type of contract: one month for fixed-term contracts of two years or less, and two months for permanent contracts or fixed-term contracts longer than two years. Since January 2015, fixed-term contracts of six months or less cannot include a trial period at all.
If a collective labour agreement (CAO) entered into after 1 January 2015 applies, and the fixed-term contract lasts more than six months but less than two years, the maximum trial period can be extended from one month to two months under that CAO.
Can an Employee Be Terminated During a Trial Period?
Yes. Both the employer and the employee can terminate the employment contract at any time during the trial period, with immediate effect and without giving notice. However, the terminating party must state the reason for termination in writing if the other party requests it.
Discrimination and other unlawful grounds for dismissal remain prohibited during the trial period, just as at any other stage of employment. Once the trial period has ended, an employer can no longer rely on it to end the contract without notice; other routes then apply, such as summary dismissal for urgent cause in cases of serious misconduct.
What Legal Protections Apply During a Trial Period?
Employees during a trial period have the right to equal treatment in wages and working conditions, adequate training and support, and protection against discriminatory dismissal. The employer cannot unilaterally change the agreed terms of employment without prior consultation.
Key legal sources
- Article 7:652 of the Dutch Civil Code - statutory basis for the trial period, including maximum duration, the written-form requirement, and the conditions under which a trial period clause is void