Probation Period in Temporary Employment Contracts in Rotterdam

In Rotterdam, the vibrant port city with a thriving flexible labor market for temporary workers and logistics personnel, strict rules apply to probation periods in temporary employment contracts. For contracts shorter than six months, the maximum probation period is one month, and for longer contracts, it is a maximum of two months, as stipulated in Article 7:667a of the Dutch Civil Code (BW). A violation renders the probation period retroactively void. This is particularly relevant for seasonal work in the Port of Rotterdam or temporary staff at companies such as ECT or APM Terminals. Collective Labor Agreements (CAOs), such as the Temporary Employment CAO widely used in the Rijnmond region, may have different rules, but never longer than the law prescribes. A void probation period prevents unilateral dismissal and triggers the chain regulation: a maximum of three consecutive contracts within two years. Temporary employment agencies in Rotterdam districts like IJsselmonde or the Merwe-Vierhavens often make mistakes in this regard, leading to claims at the subdistrict court in Rotterdam. For example, a probation period in a bi-weekly assignment for dockworkers is always void. This ensures employees retain dismissal protection and seniority accrual. Advice for Rotterdam employers: correctly integrate the probation period into the Temporary Employment CAO and explicitly state it in contracts for personnel at Maasvlakte. Employees: verify upon commencement with agencies around the Erasmus Bridge. In case of disputes, submit a request to the subdistrict court at Westersingel 67 in Rotterdam for a declaration of nullity. The Work and Security Act strengthens this protection for flexible workers in the port city. Local trade unions such as FNV Havens offer free advice for Rotterdam laborers.