‘Trial work is part of the application process.’ This is what Emily Schaapman (23) was told when she applied at an Amsterdam restaurant. After a day of work, Schaapman was informed she did not get the job. And, even more frustrating, she was not paid for the hours worked. "According to the company, it was not feasible tax-wise," says Schaapman. "Of course, I was disappointed not to be paid, as I had worked hard."
Thin line
Schaapman's story is not unique. The trial day is a source of confusion and often comes up during job interviews. Working without an employment contract is prohibited in the Netherlands, but testing skills important for the role is allowed. "There is a thin line between testing and working," says employment lawyer Marnix Ritmeester. "There is no legislation regarding trial days. You can call the trial day an internship, but it can also be the start of an employment contract. Often the trial worker is simply performing work."
The lack of legislation raises questions for trial workers. Should they be paid, or is the trial day at the applicant's expense? And who is liable if an accident occurs? According to Ritmeester, some employers are insured for such cases. "But not always, which can be concerning with these types of arrangements, especially with high-risk tasks."
Trial workers sometimes think companies exploit the ambiguity and, for example, call in one dishwasher after another. Official figures on the number of trial days are lacking. However, Marco Bouma, union representative of FNV hospitality, regularly receives questions about trial days. "Working without an employment contract is simply not allowed," says Bouma.
Administrative hassle
"We have enough options in the Netherlands to see if you are a good fit, such as the probationary period in the employment contract." According to Bouma, employers mainly want to avoid the 'administrative hassle' of drafting a contract with trial days. "But you cannot let people work without rights and insurance," says Bouma.
A spokesperson for the Ministry of Social Affairs and Employment says they are not aware of any issues surrounding trial days. "But it seems clear to me that this is not the intention," she says. "If you want to know if someone is suitable, you can first offer a temporary contract and use the paid probationary period intended for that."
What should you do as an applicant if you encounter a trial day? According to lawyer Ritmeester, it is important to ask for clarity in advance. "You can have the terms of the trial day, such as any payment, put in writing. Then you know exactly where you stand." Ritmeester does not believe in new legislation regarding trial days. "There is already a lot of legislation that does not align well. Additional legislation would only make it more complicated."
After the disappointing trial day at the Amsterdam restaurant, Emily Schaapman quickly found a new job in hospitality, where she was welcomed without having to work a day for nothing.