Trial period
If you want to hire an employee in the Netherlands, you can agree on including a trial period in their employment contract. During this period both parties can terminate the contract immediately and without giving reasons. However, a trial period is not always allowed.
When does a trial period apply?
A trial period is only valid when it is agreed in writing as part of the employment contract, or if it is part of the Collective Labour Agreement (CAO) for your sector.
When does a trial period not apply?
You can not agree to a trial priod in the following cases:
- If the employment contract is for 6 months or less.
- When a contract is extended without any changes to the type of work or responsibilities of the employee.
- When temporary employment changes into permanent employment, again without any changes.
- In the case of successive term of employment without any changes to the type of work or responsibilities of the employee. For example, if your employee first worked for you through a employment agency.
Duration trial period
The duration of a trial period depends on the duration of the employment contract. However, it may never exceed a 2 month period. The same period applies to both employer and employee.
A maximum trial period of 1 month applies to:
- temporary employment contracts of more than 6 months, but less than 2 years
- temporary employment contracts without end date
A maximum trial period of 2 months applies to:
- permanent employment contracts
- temporary employment contracts of more than 2 years
Different rules may apply to the trial period for temporary employment contracts. This is only allowed if this is agreed in the collective labour agreement.
If your employee falls ill during the trial period, the agreed duration stays the same. Your employee will not get a longer trial period.
Dismissal without grounds
During their trial period, you may dismiss employees without grounds, even if the employee is ill. There is no notice period during the trial period. Your employee is also allowed to resign without grounds. If you or your employee asks for the grounds for the dismissal or resignation, then there is an obligation to provide written grounds.