How do probation periods work in Netherlands?

12th Dec 1192 Views

Probation periods in the Netherlands are formal trial periods at the start of an employment contract. During this time, both the employer and the employee can assess whether the job is a good fit.
Dutch labour law sets strict rules on how long probation can last, who it applies to, and what rights employees have during this period.

Whether you are a local or foreign worker, your probation rights are the same under Dutch employment law.

What Is a Probation Period?

A probation period (proeftijd) is a short, legally regulated period at the beginning of a contract where:

The employer can evaluate your performance.
You can decide whether the job and working conditions meet your expectations.
Either side may end the contract immediately without giving notice or providing a reason.

Probation must be written into your employment contract. If it is not written, it is not valid.

Legal Duration of Probation in the Netherlands

The maximum probation period depends on the type and length of your contract:

1. Permanent (Indefinite) Contract

Probation: Up to 2 months

2. Fixed-Term Contract of 2 Years or More

Probation: Up to 2 months

3. Fixed-Term Contract Between 6 Months and 2 Years

Probation: Up to 1 month

4. Fixed-Term Contract Shorter Than 6 Months

Probation: Not allowed

Probation periods longer than the legal limit are invalid.

Can Both Parties End the Contract During Probation?

Yes. During the probation period:

The employer can end the contract immediately.
The employee can also resign immediately.
No notice period is required.
No severance or explanation is required.

However, the employer cannot dismiss an employee for discriminatory or unlawful reasons (such as pregnancy, religion, race, or illness).

Pay and Benefits During Probation

During probation, employees have the same legal rights as any other worker in the Netherlands. This includes:

Minimum wage protection
Holiday pay
Paid leave accrual
Safe working conditions
Protection against discrimination

Foreign workers also have the same rights as Dutch workers during probation.

Can the Probation Period Be Extended?

No. Dutch law does not allow employers to extend probation beyond the legal limits.
If the contract is renewed later, a second probation period is only allowed if:

The new job is completely different, or
The contract is with a new employer

Otherwise, adding a new probation period is invalid.

Probation for Foreign Workers (Non-EU Nationals)

Foreign workers in the Netherlands often begin employment under probation as part of their contract. The rules are the same:

Maximum 1 or 2 months depending on contract length
Immediate termination possible
Full employment rights during probation

Probation does not affect your visa status unless termination jeopardizes your employment-based residence permit.

Employer Obligations During Probation

Employers must:

Clearly mention probation in the contract
Follow Dutch labour law limits
Apply equal treatment to all workers
Inform the employee immediately if the contract is terminated

If an employer violates probation rules, the termination can be declared invalid.

What Happens After the Probation Period Ends?

Once probation ends:

The employment contract continues under normal Dutch labour rules
Notice periods apply
Termination requires legal justification
Employees benefit from stronger protections against dismissal

Final Thoughts

Probation periods in the Netherlands are highly regulated and designed to protect both workers and employers.
Foreign workers and Dutch employees receive the same rights, including fair pay and protection from discrimination.
Understanding probation rules helps ensure a smooth start to your job and prevents misunderstandings with your employer.