Restoration of Employment Conditions After Void Probation Period in Rotterdam

In Rotterdam, the logistical hub of the Netherlands, a void probation period has immediate consequences for employment conditions at companies in the port, Rotterdam docks, or logistics firms. All probationary clauses, such as lower starting salaries or flexible schedules for shift work, are immediately nullified. Standard conditions from the employment contract apply from the first day of work, including full salary, accrual of vacation days, and pension contributions in accordance with local collective labor agreements (CAOs) such as the CAO Havenbedrijven (Port Companies Collective Labor Agreement). Article 7:667 of the Dutch Civil Code (BW) prohibits probationary rules that deviate from the main employment contract. Case law from the Dutch Supreme Court, applied in Rotterdam cases at the District Court of Rotterdam, Subdistrict Court Sector, confirms the payment of back wages in cases of unfair probation periods. Employees from Rotterdam-Zuid or the port areas can file a claim with the subdistrict court in Rotterdam for wage correction and restoration. Employers in the Maasstad must ensure clauses are watertight, taking collective labor agreements into account, to avoid nullity. Practical advice for Rotterdam employees: retain signed contracts, payslips, and schedule records. In case of disputes, the Rotterdam Legal Counter offers free initial advice, or a mediator can be engaged via the Rotterdam Legal Counter. For full restoration, legal steps at the subdistrict court are often essential, leading to financial compensation and employment stability in this dynamic region.