The probationary period is often an exciting start to a new job. It is a period in which both you and your employer can assess whether the collaboration works well. But be careful: during the probationary period, different rules apply than normal, and the contract can be terminated immediately. In this blog, you will read about your rights, which conditions apply and when a probationary period is invalid.

What is a Probationary Period?

A probationary period is an agreed period at the beginning of your employment contract during which both you and your employer can assess whether the work and collaboration are suitable. During this period, the contract can be terminated immediately, without the normal dismissal protection. Precisely for this reason, the law has established clear rules for the use of a probationary period.

Conditions for a Valid Probationary Period

The probationary period must always be recorded in writing in your employment contract. The maximum duration depends on the length of the contract:

• Shorter than or equal to 6 months: no probationary period allowed.
• Longer than 6 months and shorter than 2 years: maximum 1 month.
• Longer than 2 years or indefinite: maximum 2 months.

The duration must be the same for you and your employer. If these conditions are not met, the probationary period is invalid and your employer cannot invoke it.

Probationary Period with a New Contract or New Employer

A probationary period may only be agreed upon in the first contract you sign with an employer. If you receive a subsequent contract for the same work, no new probationary period may be included. Only if your position clearly has different tasks and responsibilities is this allowed. This also applies if you start working for a different employer but continue doing the same work, for example after a takeover or change of contracting party.

Conclusion

A probationary period can have major consequences: you can be without a job from one day to the next, but you can also resign immediately yourself. Therefore, always check whether the probationary period has been agreed upon according to the law. This gives you more certainty and prevents unpleasant surprises.

Do you have questions about a probationary period or were you dismissed during your probationary period? Contact us. We will immediately assess whether the probationary period is valid and advise you about your options.