The proeftijd in the Netherlands gives both employer and employee a short trial window. During this time, either party can end the employment contract immediately. However, Dutch law sets strict limits. A wrongly drafted proeftijd is void. Then, dismissal during probation counts as regular termination, which exposes employers to claims.
What is the proeftijd in the Netherlands?
The proeftijd is a legally agreed trial period at the start of an employment contract. During this period, both employer and employee can terminate the contract without notice. Moreover, no reason is required. The probation period must always appear in writing. Otherwise, the clause has no legal effect under Dutch employment law.
Maximum proeftijd lengths in 2026
Dutch law links the maximum proeftijd to the contract length. The rules under Article 7:652 of the Dutch Civil Code stay in force in 2026. The table below shows the allowed proeftijd per contract type.
| Contract type | Maximum proeftijd |
| Fixed-term contract of 6 months or shorter | Not allowed |
| Fixed-term contract longer than 6 months, under 2 years | 1 month |
| Fixed-term contract of 2 years or more | 2 months |
| Indefinite (permanent) contract | 2 months |
Additionally, a CAO (collective labour agreement) may extend the one-month limit to two months for some fixed-term contracts. Always check the applicable CAO first before drafting.
When is a probation clause void?
A probation clause is void when it breaches Dutch employment law. Furthermore, a void clause means the employer cannot rely on it. Therefore, the normal dismissal rules apply from day one of the contract.
Common reasons a proeftijd is void:
- The clause is not in writing.
- The proeftijd exceeds the legal maximum.
- The contract lasts six months or less.
- The lengths differ for employer and employee.
- The contract follows another for similar work and the role needs no new skills.
If the clause is void, dismissal during probation requires full legal grounds. As a result, employers risk costly disputes and transition payments.
Probation rules for fixed-term contracts
Fixed-term contracts dominate Dutch hiring practice. Consequently, the proeftijd rules matter especially here. Short contracts simply cannot include a probation. Meanwhile, longer fixed-term contracts allow one or two months at most.
Importantly, the proeftijd must apply equally to both parties. An imbalance voids the clause entirely. Also, a probation in a follow-up contract for the same work is generally not permitted. Only when the new role demands clearly different skills can a new proeftijd apply.
Can you extend a proeftijd?
No, you cannot extend a proeftijd once it has been agreed. The probation period is fixed at signing. However, you can agree on a shorter probation than the legal maximum. If illness or absence occurs during probation, the period still runs out on the agreed end date.
Rights during the probation period
Both sides keep most employment rights during the probation period. For example, salary, holiday accrual, and pension contributions continue normally. Yet either party may end the contract with immediate effect. No notice and no reason are needed.
Nevertheless, dismissal must not be discriminatory. Termination based on pregnancy, race, or religion remains unlawful. In such cases, an employee can challenge the decision before a Dutch court.
Why proeftijd compliance matters for foreign employers
Foreign employers often copy contract templates from their home country. Unfortunately, this approach frequently breaches Dutch rules. A small mistake voids the proeftijd and exposes the company to wrongful dismissal claims. Working with a local partner removes that risk entirely.
If you hire in the Netherlands, partner with Octagon Professionals for compliant employment contracts, payrolling, and EOR services. Our team ensures every proeftijd matches Dutch employment law and the applicable CAO. Visit us to start hiring with confidence.
FAQ
How long can a proeftijd be in the Netherlands?
The proeftijd depends on contract length. Permanent contracts and fixed-term contracts of two years or more allow up to two months. Fixed-term contracts between six months and two years allow one month. Contracts of six months or less allow no probation at all.
Is a proeftijd valid if it is not in writing?
No, an oral proeftijd has no legal effect in the Netherlands. Dutch law requires the probation clause to appear in the written employment contract. Without writing, the clause is void. Consequently, normal dismissal protection applies from day one of the employment.
Can an employer dismiss without reason during proeftijd?
Yes, during a valid proeftijd either party can end the contract without notice or stated reason. However, discrimination remains forbidden. Dismissal based on pregnancy, religion, or other protected grounds stays unlawful. The employee can then challenge the termination before a Dutch court.
Does a proeftijd apply again in a follow-up contract?
Usually not. A new proeftijd is void if the second contract covers similar work. An exception applies when the new role requires clearly different skills or responsibilities. Then a fresh probation period can be agreed within the standard legal limits.
Image alt text: Employer and employee signing a Dutch employment contract with a proeftijd clause in the Netherlands.
