Probationary Period

The employer and the employee may agree that a specific (short) period at the start of the employment contract shall be treated as a probationary period. The purpose of the probationary period is for both parties to get to know each other. This allows the employer to assess, during the probationary period, whether they consider the employee suitable for the role and whether the employee is a good fit for the organisation. During the probationary period, the employee can assess whether the role and the organisation meet their expectations. If either party has reservations about the working relationship, both the employer and the employee may terminate the employment with immediate effect during the probationary period.

There are a number of legal requirements that must be met when including a probationary period clause in an employment contract. As the purpose of a probationary period is to allow the parties time to get to know one another, in principle a probationary period may only be agreed upon when the parties enter into their first employment contract. In addition, a probationary period clause must be agreed in writing, and the probationary period must be the same for both parties. A probationary period may not be agreed in a fixed-term employment contract entered into for six months or less. If the fixed-term employment contract lasts for more than six months but less than two years, the probationary period may last for a maximum of one month. If the employment contract is entered into for (more than) two years or for an indefinite period, the maximum probationary period is two months.

If the above requirements are not met – for example, because the agreed probationary period is longer than permitted – this will render the entire probationary clause null and void. This means that, in that case, the parties have not agreed on a probationary period.