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ARTICLE · 01 OCTOBER 2020

Is A New Contract After Dismissal During A Probationary Period Allowed?

Littler Mendelson
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A probationary period sometimes isn't long enough to gain a good impression of an employee and the employer might still want to give the employee a further chance.

NetherlandsEmployment and HR
Eric Van Dam
Eric Van Dam
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A probationary period sometimes isn't long enough to gain a good impression of an employee and the employer might still want to give the employee a further chance. In a recent case, the District Court of Midden-Nederland (click here, Dutch only) involved a situation where the employer had contrived something along these lines. The employer terminated the employment contract during the probationary period and entered into a new, shorter employment contract with the employee. Is this allowed?

What was the case about?

The employee joined a law firm on August 15, 2019 as a lawyer, based on an annual contract including a one-month probationary period. The employer told the employee on September 12, 2019 that his work was not satisfactory. The employer offered the employee a new, shorter employment contract for four months, which the employee had to accept before the end of the probationary period. The employer confirmed this offer in writing on September 14, 2019 and

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