Consequences of a Void Probationary Period for Dismissal Protection in Rotterdam

In Rotterdam, the bustling port city where thousands of employment contracts are concluded annually in sectors such as logistics and maritime services, a void probationary period is a common pitfall for employers. When a probationary period is declared void by the subdistrict court in Rotterdam, the special dismissal rules applicable during the probationary period no longer apply. The employee then enjoys full dismissal protection as if the probationary period never existed. This means that an employer cannot unilaterally dismiss an employee without just cause and without following the statutory procedure, such as obtaining a dismissal permit from the UWV office in Rotterdam or initiating proceedings at the Rotterdam District Court, subdistrict sector. Pursuant to Article 7:668 of the Dutch Civil Code (Burgerlijk Wetboek), dismissal must comply with the general rules of the Civil Code. Recent cases before the Rotterdam subdistrict court, for instance in port-related businesses, demonstrate that judges declare dismissals void and grant employees the right to continued payment of wages plus a transition payment. Employees may invoke nullity if the probationary period was too long – a maximum of two months for permanent contracts – or if it was not recorded in writing in the employment contract. Employers risk liability for compensation, including lost income and legal costs. It is crucial to review the employment contract immediately in case of disputes, particularly in Rotterdam’s dynamic labour market. Advice: consult a specialised employment lawyer in Rotterdam, such as those at the Legal Counter Rotterdam (Juridisch Loket) or specialised firms on Coolsingel, to assert your rights and recover potential damages. This significantly strengthens your position in local labour disputes.