Probationary Period: Written Stipulation in Rotterdam
In Rotterdam, with its bustling port and diverse employers, the probationary period written stipulation is crucial for employment contracts. Since 1 August 2022, Dutch employment law (Article 7:652(3) Civil Code) requires an explicit written mention. Without it, no probationary period applies, complicating dismissal in the initial phase. This article focuses on employers and employees in Rotterdam and their rights.
Legal Basis for Probationary Period in Rotterdam
The probationary period rules are set out in Article 7:652 Civil Code, Book 7 on labour. The Balanced Labour Market Act (Wab) made written stipulation mandatory before work begins. In Rotterdam, the District Court of Rotterdam frequently handles related disputes.
Key points:
- Stipulation in the contract, collective labour agreement (CLA), or appendix.
- No oral agreements or later additions; emails after signing do not count.
- Maximum 2 months for permanent contracts.
- Maximum 1 month for temporary contracts longer than 6 months (deviations via CLA possible).
The Supreme Court confirmed this in judgments such as ECLI:NL:HR:2023:456. Local cases are heard by the District Court of Rotterdam.
Conditions for a Valid Probationary Period in Rotterdam
For a legally valid probationary period, the stipulation must meet these requirements:
- Written: Clearly stated, e.g., 'Probationary period: 2 months' in the contract.
- Timely: Signed before the first working day.
- Precise: Exact start date and duration.
- Agreement: Both parties must consent.
CLAs such as ABU or NBBU for temporary workers in the Rotterdam port may provide deviations, provided they are in writing.
Comparison: With and Without Stipulation
| Situation | Valid? | Dismissal Implications | Rotterdam Example |
|---|---|---|---|
| Explicit in contract | Yes | Immediate termination possible | 'Probationary period 2 months' at port company |
| Only oral | No | Full protection | No clause; UWV procedure required |
| Email after contract | No | Standard procedure | Too late for Rotterdam starter |
| Via CLA | Yes | Termination possible | NBBU CLA: 1 month for temp worker |
Practical Examples in Rotterdam
Example 1: Valid. Jan from Rotterdam signs a permanent contract on 1 June (start 1 July) including 'probationary period of two months'. Dismissal on 15 July by a Maasstad company is permitted.
Example 2: Invalid. Marie in Rotterdam receives no clause; employer emails later. Dismissal requires UWV or District Court of Rotterdam.
Example 3: Temporary. Pieter's 8-month contract with the Municipality of Rotterdam includes a 1-month probationary period. Dismissal after 3 weeks is allowed immediately.
Mistakes often lead to proceedings at the District Court of Rotterdam, with high costs.
Rights and Obligations during Probationary Period in Rotterdam
Employee rights:
- No probationary period without written stipulation.
- Transition payment upon dismissal (min. 1/3 monthly salary per year).
- No non-compete clause during probationary period.
Employer obligations:
- Explicitly state it.
- Written dismissal (recommended).
- No dismissal due to illness (Article 7:670 Civil Code).
Employees: Perform well. Both parties may terminate immediately, without notice period.
FAQ: Probationary Period in Rotterdam
Always required in writing?
Yes, since 2022 (Article 7:652(3) Civil Code). Check with Legal Aid Office Rotterdam.
Probationary period via CLA?
Yes, if applicable. Consult local advisors.
Can it be added later?
No, must be before start. Otherwise invalid.
For freelancers/interns?
No, only employment contracts. Internships follow separate rules.
Tips for Rotterdam
Employers:
- Use standard contracts with clause. More on local requirements.
- Consult Legal Aid Office Rotterdam for advice.
- Be cautious with port or municipal jobs.
Employees: Check contract before signing. If in doubt: Municipality of Rotterdam or local office.