In Rotterdam, the logistical hub of the Netherlands with thousands of port workers and flexible contracts, transition compensation is normally not granted in case of dismissal during the probationary period. However, take note: there are crucial exceptions. According to Article 7:673(7) of the Dutch Civil Code (BW), the exclusion does not apply if employers in the Rotterdam port or Maasstad abuse the probationary period, for example, to evade transition compensation for long-term employees from temporary workforce pools.
The Rotterdam subdistrict court rigorously assesses abuse, such as unlawful extension of the probationary period (maximum of 2 months for indefinite contracts). In cases of stacking temporary contracts with probationary periods after years of service, as is common with ECT or APM Terminals, the court awards compensation. Discrimination or unfair dismissal during the probationary period also leads to compensation being granted. Practical example in Rotterdam: a welder with 6 years of experience at a port company was given a new contract with a probationary period; the subdistrict court ruled it a sham probationary period and awarded €9,500 due to chain flexibility (ketenflex).
Employees in Rotterdam must lodge an objection within 2 months of dismissal at the Subdistrict Sector of the Rotterdam District Court. Evidence is key: emails, schedules, or witness statements from colleagues in Rotterdam trade unions such as FNV Haven. Advice: have your contract reviewed by a Rotterdam legal expert, such as through the Legal Counter Rotterdam (Juridisch Loket Rotterdam), to avoid risks in the dynamic labor market.