Did you know that a probation period is not allowed in a contract of six months or less?

A probationary period is often included in a contract. During the probationary period, both your employer and you can terminate the contract at any time. However, there are legal rules regarding the length of a probationary period. 

The CLA hospitality 2012-2013 allowed for deviations from the legal provisions regarding agreeing on a probationary period and to agree on a probationary period of two months. Since the CLA has expired, from 1 April 2014 the legal regulation regarding agreeing on a probationary period applies. According to the old legal regulation, when entering into an employment contract of less than two years, a probationary period of one month could be agreed upon. For an employment contract of two years or longer, the probationary period could be a maximum of two months. The old regulation remains applicable to employment contracts concluded before 1 January 2015.

Work and Security Act
From 1 January 2015, it is no longer permitted to agree on a probationary period in an employment contract of 6 months or shorter. In employment contracts longer than six months but shorter than two years, a probationary period of a maximum of one month may be included. Only in employment contracts of two years or longer or in permanent employment contracts may a probationary period of two months be included.

In practice, the following situations may occur:

1. An employment contract for a maximum of 6 months: a probationary period is not permitted.

2. An employment contract for longer than six months but shorter than two years: with a probationary period of a maximum of one month.

3. An employment contract for two years or longer or indefinite duration: with a probationary period of a maximum of two months.