Probation period in the Netherlands: what are the rules for employers?

The maximum depends on the type and length of the contract, not on the role or seniority. The law distinguishes four cases:

Permanent contract: up to 2 months. Fixed-term contract of 2 years or longer: up to 2 months. Fixed-term contract of more than 6 months and less than 2 years: up to 1 month. Fixed-term contract of 6 months or less: no probation period.

There is a fifth case. If a fixed-term contract has no set end date, for example because it runs until a project is finished or a colleague returns from sick leave, the maximum is 1 month. For fixed-term contracts under 2 years and for those without an end date, a collective labour agreement (cao) may allow a longer period. An individual contract cannot.

Three conditions always apply. The probation period must be agreed in writing, in the employment contract or in the cao that covers it. It is the same length for both sides. And it is agreed when the contract starts, not halfway through. A verbal agreement or a clause that only appears in a staff handbook does not count.

If you agree a longer period than the law allows, the clause is void. You cannot rely on it at all, not even on the part that would have been within the limit. An employer who writes "3 months' probation" into a contract therefore has no probation period in practice.

For a permanent contract, 2 months is both the maximum and the usual choice. For a one-year contract it is not: the maximum there is 1 month unless the cao says otherwise. If you reuse the template for permanent staff for a one-year contract, take the 2 months out.

The second trap is the follow-on contract. If you extend a fixed-term contract or turn it into a permanent one, you cannot add a new probation period. The same applies if someone first worked for you through a staffing agency and then joins your payroll for the same work. There is one exception: if the new role clearly requires different skills or responsibilities, a new probation period is allowed.

For international hires this matters more than it seems. Candidates from abroad are often used to longer periods: in Germany a probation period can last up to 6 months under section 622 of the German Civil Code, in France up to 4 months for managers on a permanent contract under article L1221-19 of the Code du travail. That works in both directions: you have less time to decide, and they can also leave from one day to the next. Thorough screening and candidate follow-up and a proper reference check before the offer make the probation period less of a gamble.

While the probation period runs, you and the employee can end the contract with immediate effect. There is no notice period, you need no permission from the UWV or a court, and you do not need one of the reasonable grounds that Dutch dismissal law otherwise requires.

Two obligations remain. If the employee asks why, you give the reason in writing. And the statutory transition payment still applies when the employer ends the contract, even during probation. After a few weeks it is a small amount, because the law calculates it as a third of a month's salary per year worked, pro rata.

You can also end the contract of an employee who is ill during probation; the ban on dismissal during illness does not apply. Illness does not extend the probation period either.

In practice, avoid deciding on the last day. Hold a check-in after about three weeks so the new hire knows where they stand and you have time to prepare a decision. How to structure those first weeks is covered in our article on onboarding a new employee.

Can I extend the probation period if I am unsure?

No. The probation period is agreed when the contract starts and cannot be stretched afterwards, not even with the employee's consent. At the end you have two options: end the contract within the period, or continue. Anyone who wants to part ways after probation falls under the normal Dutch dismissal rules, with a notice period and a reasonable ground for dismissal.

Does a one-year contract have a probation period?

It can, but for no more than 1 month, because a one-year contract lasts more than 6 months and less than 2 years. Only a cao can allow a longer period. For a fixed-term contract of 6 months or less, you cannot agree any probation period, not even a week.

What if a new hire turns out not to fit after probation?

Then the probation period is over and the normal dismissal rules apply. That is exactly why the first months carry so much weight. Why people leave in their first year, and what you can change in your hiring to prevent it, is covered in leaving in the first year.

SocialFind wrote this article from the Dutch Civil Code and the guidance of Business.gov.nl and the Dutch government, checked on 2 November 2026. This is not legal advice; if in doubt, check the cao that applies to you. To get articles like this by email, sign up for our newsletter.