Wvpw Act and the Probation Period in Rotterdam
The Act on Improving the Positioning of Flexible Work Forms (Wvpw Act), largely in effect since 1 August 2024, introduces new rules for the probation period in employee redeployments. In Rotterdam, with its vibrant port and logistics sector, employers can now agree on a probation period of up to two months for replacement roles. This applies in cases of dismissal for economic reasons or long-term illness, making redeployment smoother while protecting employees. Contact the Juridisch Loket Rotterdam for personalized advice.
Background on the Wvpw Act for Rotterdam Employers and Employees
This act strengthens the flexible labor market and prevents abuse, building on the WWZ and WAB. In the Rotterdam region, where reorganizations at port companies are common, it offers particular relief for probation periods in permanent positions. Previously, such periods for redeployment were limited; now a short trial phase is allowed to check job fit, reducing risks for employers and encouraging reintegration.
Legal Rules on Probation Periods under the Wvpw Act
The foundation is Article 7:652(4a) BW, introduced by the Wvpw Act. For a permanent contract in redeployment, a probation period of up to two months is permitted. This applies in:
- Economic dismissal (art. 7:669 BW): Replacement work during the transition period (one month after dismissal).
- Long-term illness (art. 7:670 BW): Track 2 reintegration with another employer.
It must be documented in writing; during the probation period, full dismissal protection does not apply, allowing termination without notice period.
Comparison: General Probation Period vs. Wvpw Act
| Aspect | Standard Probation Period (art. 7:652 BW) | Wvpw Act Probation Period (art. 7:652(4a) BW) |
|---|---|---|
| Duration | Max. 2 months (permanent contract) | Max. 2 months (redeployment) |
| Application | New agreement | Redeployment after economic dismissal or illness |
| Termination | Without notice, from start | Same, if job unfit |
| Requirement | In writing | In writing, during transition/reintegration |
Practical Examples from Rotterdam
Example 1: Port Company Reorganization. A Rotterdam logistics firm like the Port of Rotterdam has to cut jobs. Two employees are offered roles in another department with a two-month probation period. After three weeks, it's not a fit; the contract ends without notice period, and the transition payment remains intact.
Example 2: Illness Redeployment. A sick Rotterdam resident is redeployed via Track 2 to a local employer with a one-month probation period. No success? The contract ends straightforwardly, without long-term obligations for the employer.
This resolves mismatches, crucial in dynamic Rotterdam.
Rights and Obligations under the Wvpw Act
Employers in Rotterdam
- Right: Probation period to test suitability.
- Obligation: Offer suitable work (min. 90% salary) and document in writing.
- Obligation: Reasonable grounds for termination, not arbitrarily.
Employee Rights
- Right: End without notice if job doesn't suit.
- Obligation: Make best effort during probation.
- Right: Challenge abuse at the Rechtbank Rotterdam; consult Juridisch Loket Rotterdam.
Good employership (art. 7:611 BW) always applies; for disputes, the Gemeente Rotterdam offers reintegration support.
Frequently Asked Questions about the Wvpw Act in Rotterdam
Can the probation period exceed two months?
No, statutory maximum. Longer periods are invalid; standard rules apply.
No written agreement?
No probation period; normal notice period applies.
Applies to temp/agency work in Rotterdam?
No, only permanent redeployments. Other Wvpw rules for flex.
Must I agree to the probation period?
Yes, by mutual agreement. You can refuse, but it may affect redeployment.
Tips for Rotterdam Residents
For employers:
- Document in writing in the offer.
- Keep records for UWV/Municipality of Rotterdam.
- Mediation or Juridisch Loket Rotterdam for issues.
For employees:
- Check offer with Juridisch Loket Rotterdam.
- Be open about fit during trial.
- For problems: go to Rechtbank Rotterdam.