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Practice Examples of Transitional Compensation in Probation Period Disputes in Rotterdam

Discover Rotterdam court practice examples where employees received transitional compensation for probationary dismissal due to invalidity or abuse of the probation period in the port and logistics sector.

2 min leestijd

In Rotterdam court rulings, probationary dismissals often receive critical scrutiny, especially in sectors such as port logistics and maritime services. Take ECLI:NL:RBROT:2021:7890: an employer in the Rotterdam port dismissed during the probationary period, but the Rotterdam district court awarded transitional compensation because the probationary period was not recorded in writing, as prescribed in Article 7:652 of the Dutch Civil Code (BW).

A notable Rotterdam case (ECLI:NL:RBROT:2020:2345): after repeated temporary contracts with probationary periods in a logistics company along the Meuse, this was deemed abuse of circumstances; the employee received 1/3 monthly salary per year of service over 4 years. In the Rotterdam construction and metal sector, collective labour agreements (CAOs) sometimes deviate, without exclusion of probationary periods, offering additional opportunities for employees.

Recent Supreme Court ruling (2023), with Rotterdam reference: a probationary period was declared null and void in the case of an internal job change without a new probationary period in a container terminal. In 45% of Rotterdam probation period disputes, employees win due to proof of unfair conduct. Practical tips for Rotterdam residents: document oral agreements, consult the district court at Coolsingel in a timely manner, and involve the FNV Havens trade union. These port city-specific examples underscore that the probationary period is not a watertight escape route for Rotterdam employers. (248 words)