Proeftijdbeding
Probationary Period Clause
A probationary clause is a provision in an employment contract by which a probationary period is agreed, during which both the employer and the employee may terminate the contract with immediate effect.
The probationary period clause enables the parties, during a specified period—typically no more than two months—to assess the suitability of the employment relationship. The clause must be agreed in writing and is permitted only in employment contracts for an indefinite term or in fixed-term contracts exceeding six months.
In practice, the probationary period clause affords both employer and employee the flexibility to terminate the relationship without notice or the need to state reasons. It is significant in that it lowers the threshold for entering into an employment contract while affording legal protection against unjustified termination after the probationary period has expired.
In disputes concerning a probationary period clause, the court will examine whether the clause satisfies the statutory requirements, including the maximum duration and the requirement that it be in writing.
“The employment contract included a two-month probationary period clause, pursuant to which the employer could terminate the employment without notice.”
Related terms
Need legal advice?
Schedule a free consultation with one of our specialists