Trial period Retail non-food

12 januari 2021

In the employment contract a probationary period can be agreed on. Based on Dutch legislation a probationary period is allowed in contracts that last longer than 6 months. Based on the law a trial period of one month is allowed for contracts with a duration op to two years. A trial period of two months is allowed for contracts that last longer or are for an indefinite period.

For a fixed-term employment contract with a duration of more than 6 months and for a permanent employment contract, the probationary period is two months based on the collective labour agreement. This only applies during the duration of the collective labour agreement, at this time until 31 December 2023.

During this period the contract may be terminated at all times with immediate effect by the employer as well as the employee. No dismissal permission is required, nor any notice period. No probationary period can be arranged for fixed-term employment contract of 6 months or less.

Keep in mind that it is not possible to extend or prolong a trial period in the Netherlands. So the two months is the absolute maximum when it comes to agreeing on a valid trial period. An employee is entitled to a severance payment when he gets dismissed by the employer during the trial period. The payment is equal to 1/3th of a monthly salary per year of service. The calculation can be made to the day exact.

Thijmen de Coo

Thijmen de Coo

Adviseur Ondernemersservice

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