The Netherlands is one of Europe’s most attractive hiring destinations for global companies, offering access to a highly skilled, multilingual workforce across technology, SaaS, fintech, logistics, life sciences, and professional services. At the same time, Dutch employment law is highly structured and employee-protective, particularly during the early stages of employment.
The probation period (proeftijd) in the Netherlands is strictly regulated under the Dutch Civil Code. Unlike many countries, Dutch law places firm limits on when probation is allowed, how long it can last, and whether it is valid at all. Misapplying probation—especially in fixed-term contracts—often results in invalid termination, automatic continuation of employment, and legal exposure.
This 2026 guide explains how the probation period works in the Netherlands, employee rights during probation, termination rules, notice requirements, fixed-term contract restrictions, and how using an Employer of Record (EOR) in the Netherlands helps global companies hire compliantly without setting up a local entity.
What Is a Probation Period Under Dutch Employment Law?
In the Netherlands, a probation period (proeftijd) is a legally defined trial phase governed by the Dutch Civil Code (Burgerlijk Wetboek). Unlike jurisdictions where probation is largely contractual, Dutch law strictly regulates when probation is permitted and when it is invalid.
Probation allows both employer and employee to assess suitability, but it does not suspend employment rights. Termination flexibility exists during probation, but only if the probation clause itself is legally valid.
Legal Nature of Probation in the Netherlands
Under Dutch employment law:
- Probation must be explicitly stated in writing
- The probation clause must comply with statutory duration limits
- If the probation clause is invalid, it is treated as if it never existed
- Employee protections apply from day one
Probation offers flexibility only when correctly structured under law.
Is Probation Mandatory Under Dutch Labour Laws?
Probation is not mandatory in the Netherlands. Employers may choose to:
- Include a probation period, or
- Hire employees without probation
However:
- If probation is included incorrectly, it becomes legally void
- Employers lose the ability to terminate easily
- Courts strictly enforce formal requirements
For global employers, probation errors are among the most common Dutch compliance mistakes.
Typical Probation Period Duration in the Netherlands
The Netherlands enforces clear and non-negotiable limits on probation duration, depending on the type of employment contract.
Standard Probation Length Across the Netherlands
Key statutory rules include:
- Permanent contracts → maximum probation of 2 months
- Fixed-term contracts of 6 months or less → probation not allowed
- Fixed-term contracts longer than 6 months but less than 2 years → maximum probation of 1 month
- Fixed-term contracts of 2 years or more → maximum probation of 2 months
Any probation period exceeding these limits is automatically invalid.
Fixed-Term Contract Nuances
Probation rules are especially strict for fixed-term contracts:
- A probation clause in a contract of 6 months or less is void
- Employers cannot “test” employees via short-term contracts
- Invalid probation means normal termination rules apply
This is a frequent pitfall for international employers.
Employee Rights During the Probation Period in the Netherlands
A common misconception is that probationary employees have fewer rights. Under Dutch law, this is incorrect. Employees enjoy nearly all protections from the start of employment.
Statutory Rights That Apply During Probation
Employees on probation are entitled to:
- Minimum wage and holiday allowance (vakantiegeld)
- Working hours and rest protections
- Continued payment during illness (subject to rules)
- Social security coverage
- Protection against discrimination
Probation does not delay or limit these rights.
Probation and Contract Enforceability
Even during probation:
- The employment contract is fully valid
- Employees may challenge unlawful termination
- Employers must act in good faith
Courts carefully examine whether probation clauses comply with statutory requirements.
Termination During the Probation Period in the Netherlands
Termination during probation is permitted, but only if the probation clause itself is valid under Dutch law.
Can Employers Terminate During Probation in the Netherlands?
Yes, employers may terminate during probation if:
- The probation clause is legally valid
- Termination occurs within the probation period
- The reason is not discriminatory or unlawful
If the probation clause is invalid, termination protections apply immediately.
Notice Requirements During Probation
During a valid probation period:
- No statutory notice period applies
- Termination can take effect immediately
- Written confirmation is strongly recommended
However, termination must still comply with anti-discrimination laws.
Common Employer Mistakes That Lead to Legal Challenges
Frequent errors include:
- Including probation in short fixed-term contracts
- Exceeding statutory duration limits
- Failing to document termination properly
- Assuming probation applies when it is legally void
These mistakes often result in wrongful termination claims.
Managing Performance During the Probation Period in the Netherlands
Although termination during probation is simpler, best-practice employers still manage performance carefully to reduce risk and improve outcomes.
Using Probation as a Performance Evaluation Period
Effective employers:
- Clearly define job expectations at onboarding
- Provide feedback early and consistently
- Document performance discussions
- Address issues promptly
Structured evaluation strengthens employer credibility.
Confirming or Ending Employment After Probation
At the end of probation:
- Employment continues automatically unless terminated
- Employers should confirm completion of probation in writing
- Post-probation termination requires UWV or court involvement in most cases
Failing to act during probation significantly reduces flexibility.
Probation Risks for Global Companies Hiring in the Netherlands
Dutch employment law is unforgiving when probation rules are misunderstood or misapplied.
Why International Employers Struggle With Dutch Probation Rules
Common challenges include:
- Misunderstanding fixed-term contract restrictions
- Applying non-Dutch HR practices
- Invalid probation clauses
- Lack of local legal expertise
Dutch courts strictly enforce statutory requirements.
How Employer of Record (EOR) Models Reduce Probation Risk in the Netherlands
An Employer of Record model allows global companies to hire in the Netherlands while delegating employment compliance to a local expert.
Using an EOR in the Netherlands enables companies to:
- Hire without setting up a Dutch legal entity
- Use compliant employment contracts
- Structure lawful probation clauses
- Manage termination correctly
- Reduce exposure to court disputes
EOR services significantly lower legal and operational risk.
How Asanify Helps Manage Probation Periods in the Netherlands
Asanify provides end-to-end Employer of Record services in the Netherlands, supporting global companies across hiring, probation, and compliance.
With Asanify, companies can:
- Hire in the Netherlands without entity incorporation
- Use legally vetted, Netherlands-compliant contracts
- Apply correct probation rules for each contract type
- Manage performance documentation
- Execute compliant terminations
- Stay aligned with Dutch employment law updates
Asanify enables confident, compliant hiring in the Netherlands.
Key Takeaways for Employers Hiring in the Netherlands
Probation in the Netherlands is highly regulated and strictly enforced. It is not available in all contract types, and invalid probation clauses eliminate termination flexibility. Employers must carefully align probation terms with contract duration and statutory limits. Partnering with an EOR like Asanify allows global companies to hire in the Netherlands safely and compliantly.
Frequently Asked Questions
What is the probation period in the Netherlands under employment law?
It is a legally regulated trial period (proeftijd) governed by the Dutch Civil Code.
How long is a probation period in the Netherlands?
It ranges from one to two months, depending on contract type.
Is probation allowed in short-term contracts in the Netherlands?
No. Probation is not allowed in contracts of six months or less.
Can an employee be terminated during probation in the Netherlands?
Yes, if the probation clause is valid and termination is lawful.
Do probationary employees have rights in the Netherlands?
Yes. Employee protections apply from day one.
Is probation mandatory in the Netherlands?
No. Probation is optional but must comply with strict legal rules.
How does an Employer of Record manage probation in the Netherlands?
An EOR ensures compliant contracts, lawful probation clauses, and proper termination handling.
Why should global companies use EOR services in the Netherlands?
To avoid entity setup, reduce legal risk, and ensure full compliance with Dutch labour law.
Not to be considered as tax, legal, financial or HR advice. Regulations change over time so please consult a lawyer, accountant or Labour Law expert for specific guidance.