Dismissal during probationary period: what's the situation and what are you entitled to?
Dismissal during probationary period - this is what you need to know
Always check in your employment contract whether your probationary period is valid. Indeed, in contracts of 6 months or less, there is no probationary period.
Always ask your employer in writing for the reason for the dismissal. This is important for your entitlement to unemployment benefits.
Note: dismissal on the basis of discrimination is never allowed. Not even during your probationary period. Discrimination makes your dismissal unlawful.
You are entitled to a transition allowance. From day 1, you build up this transition allowance. Also during your probationary period. It won't be a large amount, but be sure to check with your employer.
Last updated: 02/09/2025
What exactly is a probationary period?
A probationary period is an introductory period at the beginning of your employment contract. It is meant for you and your employer to discover if you are a good fit for each other. During this period, different rules than normal apply. The main rule is that both parties can choose to stop working together with immediate effect. As an employee, you have no protection against dismissal.
Why does the probationary period exist?
The legislator introduced the probationary period to give both parties a chance to really get to know each other. For you as an employee, this means you can discover whether:
- The feature is what you expected it to be
- The company culture suits you
- Your colleagues and supervisor are a match
- The work matches your skills
For employers, it is a period to assess your suitability for the job and whether you fit into the team. For you, a period to see if the employer and the work suits you.
The downside of flexibility
However, that flexibility has a downside. It has to do with how easy it is to dismiss. After all, there is no preventive test by UWV or subdistrict court required, no notice period, and no obligation to prove any of the eight statutory grounds for dismissal.
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When is the length of your probationary period legally valid?
Not every probationary period is automatically valid. In fact, there are strict conditions your employer must adhere to. If these are not met, you may be able to claim hefty compensation.
Duration of probationary period
The maximum length of your probationary period depends on the length of your contract:
- 6 months or less: no probationary period allowed
- 6 months to 2 years: maximum 1 month probationary period
- 2 years or more: maximum 2 months probationary period
- Open-ended contract: maximum 2 months
Note: If you have a contract of exactly 6 months, no probationary period should be agreed. This is a common mistake made by employers!
Other conditions of validity probation
Further Your probationary period is only legally valid if to all following conditions are met:
- In writing: An orally agreed probationary period is not valid
- In the contract or collective agreement: Probationary period should be explicitly mentioned
- Equal for both parties: Same period for you and your employer
- At the start of employment: Do not add afterwards
- No previous employment relationship: Unless very different work is involved
Invalidity of probation
There are also situations where a probationary period is automatically invalid:
- You have worked for the same employer before: e.g. as an employee or as a temporary worker
- Your employer is effectively the successor to your previous employer
- The probationary period is too long for your contract duration
- The probationary period is not in writing
- You were employed before the probationary period was agreed upon
What are your rights as an employee when dismissed in probation?
Above, we let you know that your rights in probation are limited. But there are some rights you have as an employee. Let's go through them one by one.
1. Right to explanation
First of all, you always have the right to know why you are fired. If your employer dismisses you verbally, you can ask for the reason in writing in the form of a cat call.
Your employer is then obliged to provide it to you in writing.
This is important because:
- You can check whether the dismissal is discriminatory
- It helps with your WW application
- You learn from being fired from a subsequent employer
2. Protection against discrimination
Besides: you should never be fired for discrimination in a workplace. Discrimination can be understood broadly here. For instance, it is forbidden to fire you because of:
- Pregnancy or pregnancy wish
- Gender, race or origin
- Faith or philosophy of life
- Disability or chronic illness
- Sexual orientation
- Age
3. Right to due process
Even during the probationary period, your employer must follow certain rules:
- The dismissal must during be notified during the probationary period (not after - then you may not be dismissed)
- You may not be dismissed before you have actually started
4. Right to transitional compensation
Good news: you build from day one transition allowance on. Even if you only worked for a fortnight, you are entitled to this legal compensation. The amount may be small, but every little bit helps in the transition to new work.
5. Possible entitlement to additional compensation
In certain cases, you can claim additional compensation:
- In case of discriminatory dismissal
- If the employer has acted seriously culpable
- For breach of 'good employment practice'
Contact our lawyers free of charge and without obligation
What are your obligations as an employee when dismissed on probation?
Of course, as an employee, you also have duties during the probationary period. It is important to know these, first of all so that your employer has no reason to fire you. But even if your employer intends to fire you, it is important to know your duties.
1. Normal work obligations
First of all, there are a number of obligations that apply normally (even after probation):
- You are expected to arrive on time
- You ensure that you do your job properly
- You follow instructions from your employer
- You respect company rules
- You handle company information with discretion
2. Duty to report sickness
Are you sick during your probationary period? Then report this immediately as per your employer's rules.
Note: You can simply be fired during illness during your probationary period. Sickness should not be the reason given by your employer.
3. Effort obligation
Your employer expects you to do your best to:
- Learn the function
- Fit into the team
- Taking feedback seriously
- Making improvements
When does your employer abuse a probationary period?
Sometimes an employer uses the probationary period to get out of obligations. For example:
- Your employer fires you just before a scheduled surgery that means you cannot work for a while
- Your employer fires you on the grounds that you are more expensive than expected
- Your employer sends you away because there is suddenly less work
No real trial period
Even if you have worked for this employer before, for example as a temp or freelancer, a probationary period is often not allowed. This is because the employer already knows you and what your capabilities are.
Taking immediate action: your roadmap
Fired during your probationary period? Follow this roadmap to secure your rights:
Note: WIA and WW are mutually exclusive
If you are still sick at the end of your employment, you cannot get unemployment benefits. This is because you must be immediately available for work. Therefore, plan your dismissal carefully in relation to your health situation.
Step 1: request written confirmation immediately
- Send an e-mail: "Following our conversation in which my resignation was announced, I request that the reason for resignation be sent to me in writing."
- Keep all communications
- Take notes of oral conversations
Step 2: check your probationary period
Grab your contract and check:
- Is the probationary period in it?
- Does the duration of the probationary period match what the legal requirements in this are?
- Were you fired within the probationary period?
Step 3: Analyse the reason for dismissal
- Is the reason discriminatory?
- Does the reason match the reality?
- Are there indications of abuse?
Step 4: Collect evidence
- Emails and WhatsApp messages
- Witness statements from colleagues
- Performance reviews or compliments
- Photos or documents that support your story
Step 5: Ask for your documents
- A declaration of dismissal for the UWV
- Your last pay slip
- A transitional compensation calculation
Step 6: Consider legal help
If in doubt about the legality of your dismissal, get help. We offer free help with dismissal.
WW benefit after probationary dismissal
One of your biggest concerns is probably: do I qualify for a WW benefit? The good news: in most cases, yes.
WW benefit after probationary dismissal
You are eligible for WW if:
- Your employer has fired you (not resigned yourself)
- You meet the weeks requirement (26 out of 36 weeks worked)
- You are available for work
- The dismissal is not your fault
Applying for unemployment benefit: practical tips
- Report directly at UWV (within a week)
- Request the resignation statement with your employer
- Be honest on the reason for dismissal
- Keep all documents
Severance pay and other benefits
Many people think you are not entitled to compensation when you are on probationary leave. This is not true!
Severance pay: also in probationary period
You accrue transitional pay from your first working day. The calculation:
- 1/3 monthly salary per year worked
- In the case of probation, it will only be for the duration of the probationary period
Calculation example:
- Monthly salary: €2,500
- Worked: 6 weeks
- Transition allowance: €2,500 ÷ 3 ÷ 52 × 6 = €96
Small amount? Yes. But it's your money! Use our severance pay calculator for an exact calculation.
Fair compensation for wrongful dismissal
If your employer has acted unlawfully, you may be entitled to fair compensation. This can amount to thousands of euros. Situations where this is possible:
- Discriminatory dismissal
- Dismissal in violation of good employment practice
- Misdirection in hiring
Damages
Do you have demonstrable damages from the dismissal? Consider:
- Job relocation costs
- Terminated other job
- Study debt for specific training
- Missed bonuses
You may be able to recover these damages from your employer.
Overdue salary and holiday pay
Always check that you have received what you are entitled to:
- Salary up to last working day
- Accrued holidays
- Holiday pay (8% of gross salary)
- Any bonuses or commissions
Resigning yourself in your probationary period
Are you considering resigning yourself during your probationary period? You can, but think carefully about the consequences first.
Advantages of resigning yourself
- You can leave immediately (no notice period)
- You retain control
- No negative dismissal story
- Quicker availability for other work
Disadvantages: no unemployment benefit
The biggest drawback: you have no right to WW if you resign yourself. After all, you voluntarily became unemployed. This can be financially tough.
Considering alternatives
Before resigning yourself, consider:
- Conversation with your supervisor - Perhaps problems are solvable
- Settlement Agreement - Negotiate departure with WW retention
- Wait for dismissal - If things really don't work out, your employer will notice too
- Internal transfers - Possibly another function would be better
If you do resign yourself
Decided to leave anyway? Then make sure to:
- Written notice (e-mail is sufficient)
- Clear last day of work
- Transferring your work
- Return of company property
Read more about resign yourself in our comprehensive guide.
Conclusion
Dismissal during your probationary period feels unfair and often comes unexpectedly. The important thing is to act quickly, know your rights and seek help where necessary.
Remember: big companies make mistakes too. That probationary period of exactly 6 months? Not allowed. Fired after reporting pregnancy? Forbidden. Given too little time to prove yourself? Possibly unlawful.
Are you about to be fired or have you just been fired? Then ask for a written confirmation with reason immediately. Check that your probationary period is correct. And in doubt? Many lawyers, including us, offer a free initial consultation to assess your situation.
You are not alone. With the right knowledge and possibly some legal help, you can make sure you get what you are entitled to. Whether that is an unemployment benefit, a transfer payment, or perhaps a hefty extra compensation because your employer broke the rules.
"Definitely recommended. Started by filling in the calculation tool in which it quickly became clear what I am entitled to. Then low-threshold contact and result is there. Thanks!!!"
Nina had been working as a marketing specialist for three years when her employer asked her to talk about a so-called "amicable settlement." This was because the company was facing financial problems and wanted to save costs. Nina was presented with a vso, which included mutual agreement dismissal as the reason for dismissal. This did not include a severance payment and the reason for dismissal was unclearly worded.
After Nina shared her vso with us, we contacted her to further clarify the situation and go through all parts of the vso together. At ontslagrechtjuristen.nl, we discovered that her employer had made a proposal mainly for its own benefit, with compensation that was far too low. Nina indicated that we could contact her employer to discuss the settlement agreement. After several discussions with her employer, she received fair compensation, was entitled to unemployment benefits and could count on a work release.
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About the author: This article was written by Mickey Heimans, dismissal lawyer and writer at Ontslagrechtjuristen.nl. With over 5 years of experience in HR and dismissal law, has extensive experience in assisting employees with their dismissal cases. Specialisation: complex dismissal situations.