Probation period Netherlands 2026: how long it can be, and what you and your employer can do during it
How long a probation period can last in 2026 and when the clause is void. Also what dismissal, illness, resignation, pregnancy and a highly skilled migrant permit mean during probation.
FindLawyer gives practical initial guidance, prepares your case and matches you with a suitable independent lawyer. Legal advice comes from the partner lawyer.
Rules from the Civil Code and Rijksoverheid · Checked 14 September 2026
Short answer
Probation period Netherlands, in short: a proeftijd (probation period) must be agreed in writing, is the same for you and your employer, and never lasts more than 2 months. On a permanent contract, or a fixed-term contract of 2 years or more, the maximum is 2 months. On a fixed-term contract of more than 6 months but less than 2 years, or one without an end date, it is 1 month. A contract of 6 months or less cannot have one. During probation either side can end the contract immediately.
Key facts for 2026
- 2 months is the longest probation period: on a permanent contract or a fixed-term contract of 2 years or more.
- 1 month at most on a fixed-term contract of more than 6 months but under 2 years, or without an end date.
- 6 months or less: a contract of that length cannot have a probation period at all.
- 1 rule for both sides: the probation period must be the same for you and your employer.
- 3 months to find a new job on a highly skilled migrant permit, counted from the day the contract ends.
This is general information about Dutch law, not legal advice for your situation. Rules change; figures are for 2026. No rights can be derived from this text.
Length
Probation period Netherlands: how long it can be
The maximum depends on your contract, and it is never more than 2 months (Rijksoverheid).
| Your contract | Maximum probation period |
|---|---|
| Permanent contract | 2 months |
| Fixed-term contract of 2 years or longer | 2 months |
| Fixed-term contract of more than 6 months but less than 2 years | 1 month |
| Fixed-term contract without a calendar end date | 1 month |
| Fixed-term contract of 6 months or less | No probation period allowed |
Statutory maximums, 2026. A CAO or a competent public body can set different rules only for the 1-month cases.
- The same for both: if a probation period is agreed, it applies equally to you and your employer (Civil Code, article 7:652).
- In writing: your employer must put the length of your probation period in writing (Rijksoverheid).
- Other rules by agreement: for the 1-month cases only, a CAO or a regulation by a competent public body, such as a municipality, can set different probation rules.
- Before you sign: our Dutch employment contract guide lists the other clauses to check.
Void clauses
When a probation clause is void
Every clause that breaks the probation rules is void (nietig), so it gives your employer no probation period to rely on (Civil Code, article 7:652).
- Too long: for example 2 months on a fixed-term contract of 1 year, or 3 months on any contract.
- Not in writing, or not the same for both sides.
- On a short contract: any probation period on a contract of 6 months or less.
- On a follow-up contract for the same kind of work (see below).
Without a valid probation period, your employer needs your consent, UWV permission or a court decision to end a permanent contract, and must respect the notice period.
Dismissal
Dismissal during probation
During probation you and your employer can each end the contract with immediate effect (Civil Code, article 7:676).
- No test in advance: no UWV or court procedure, no notice period, and no need for one of the reasonable grounds for dismissal (Rijksoverheid).
- No redeployment: your employer does not have to look for another job for you within the organisation.
- No consent needed: probation is one of the exceptions to the rule that your employer needs your written consent, UWV permission or a court to end your contract (Civil Code, article 7:671).
- Straight away: the contract stops at once, without a notice period.
- Ask for the reason: whoever ends the contract must give the reason in writing if the other asks.
- Just let go? Read what to do after a dismissal.
Dismissed in your probation period? Talk to an employment lawyer
Need help with this? We match you with an English-speaking Dutch employment lawyer. Free 15-minute matching call first. Lawyer fees are paid to the firm and explained before you proceed.
Illness
Sick during probation
Falling ill does not lengthen your probation period, and your employer can still end the contract during it (Rijksoverheid).
- Ziektewet: if your employer ends the contract in probation while you are ill, you may have a right to a Ziektewet benefit.
- Do not resign while ill: if you resign yourself during probation, you will probably get no Ziektewet benefit (UWV).
- After probation: the normal sick leave rules apply; see our sick leave guide.
Resigning
Resigning during probation
You can resign during probation without notice, but you then have no right to a WW unemployment benefit (Rijksoverheid).
- Other support: you may be able to claim social assistance (bijstand) from your municipality.
- Your reason: your employer can ask you for your reason in writing, just as you can ask them.
- Money you are still owed: the holiday allowance built up so far and your unused holiday days are paid out when the contract ends. See our holiday allowance guide.
Equal treatment
Pregnancy and discrimination still count in probation
Your employer may not treat men and women differently when ending a contract, and probation is no exception (Civil Code, article 7:646).
- Pregnancy counts: the law defines treating someone differently because of pregnancy, childbirth or motherhood as direct discrimination.
- Get the reason in writing: it shows you and a lawyer whether the pregnancy or another protected characteristic played a role.
- After probation: the strong protection during pregnancy and leave is in our maternity leave guide.
- Act quickly: a challenge to a dismissal has short deadlines. See the deadline to challenge a dismissal.
Next contract
A new contract usually means no new probation
A follow-up contract with the same employer cannot include a new probation period, unless the new job clearly requires different skills or responsibilities (Rijksoverheid).
- A successor employer: the same applies to a new employer who should reasonably be seen as the successor of your previous employer for the work you do (Civil Code, article 7:652).
- CAO: a collective labour agreement can set other probation rules only for the 1-month cases, not for these.
Permits
Highly skilled migrants dismissed in probation
If you lose your job while your permit is still valid, you have up to 3 months to find a new job, counted from the day your contract ends (IND brochure 3072).
- 6 months: if you have had the permit for 2 years or longer.
- Never past your permit: the search period cannot be longer than your permit is valid.
- Any job loss: the brochure gives this search period to everyone who loses their job while the permit is still valid, whether that happens in probation or later.
What a new employer needs to take over your permit is in our highly skilled migrant visa guide.
Keep reading
Related guides
More on starting and ending a job in the Netherlands.
Dutch employment contracts
Clauses to check before you sign.
DismissalNotice periods
Resigning or being dismissed after probation.
LeaveSick leave
Sick pay, reintegration and dismissal protection.
DismissalChallenge a dismissal
The short deadline and how to act in time.
Work permitsHighly skilled migrant visa
Your search period and changing employer.
EmploymentEmployment law hub
English guides for everyone working in the Netherlands.
FAQ
Frequently asked questions
How long is the probation period in the Netherlands?
At most 2 months on a permanent contract or a fixed-term contract of 2 years or longer. At most 1 month on a fixed-term contract of more than 6 months but less than 2 years, or on one without an end date. A contract of 6 months or less cannot have a probation period, and a CAO can change only the 1-month cases.
Can I be fired during my probation period in the Netherlands?
Yes. During probation your employer can end the contract with immediate effect, without UWV or the court, without notice and without one of the reasonable grounds for dismissal. If you ask, your employer must give the reason in writing. Your employer may still not treat men and women differently when ending a contract.
Is a probation period valid if it is not in writing?
No. The law says a probation period must be agreed in writing, and every clause that breaks the probation rules is void. The same goes for a probation period that is longer for one side, too long for your contract, or agreed on a contract of 6 months or less. Check the clause before you rely on it or accept a dismissal under it.
Is my probation period extended if I am sick?
No. Falling ill does not make your probation period any longer. Your employer can still end the contract during probation while you are ill, and you may then have a right to a Ziektewet benefit from UWV. If you resign yourself during probation while ill, you will probably not get that benefit.
Do I get unemployment benefit if I resign during probation?
No. You can resign during probation without notice, but you then have no right to a WW unemployment benefit because you resigned yourself. You may be able to claim social assistance from your municipality. If you are ill when you resign, you will probably not get a Ziektewet benefit either.
Can a new contract with the same employer have a probation period?
In principle no. A follow-up contract with the same employer may only include a probation period if the new job clearly requires different skills or responsibilities. The same ban applies to a new employer who should reasonably be seen as the successor of your previous employer for the work you do.
Can my employer end my contract in probation because I am pregnant?
No. Dutch law forbids an employer to treat men and women differently when ending a contract, and that also applies during probation. You can ask for the reason of a probation dismissal in writing, which helps you and a lawyer judge whether the pregnancy played a role. Act quickly and get advice.
What happens to my highly skilled migrant permit if I am dismissed in probation?
Losing your job while your permit is valid gives you up to 3 months to find a new job, or up to 6 months if you have had the permit for 2 years or longer. The search period begins on the day your contract ends and can never run past the end date of your residence permit.
Free checklist · one-page PDF
Moving to the Netherlands?
Get the 12 legal things nobody tells you before you arrive — deposits, contracts, the 30% ruling, your rights. One email, no spam.
Already here and need a lawyer? Book a free call
Official sources, checked 14 September 2026
- Rijksoverheid: how long is my probation period? (in Dutch)
- Burgerlijk Wetboek Book 7, articles 7:646, 7:652, 7:671 and 7:676 (in Dutch)
- Rijksoverheid: which rules apply to a probation period? (in Dutch)
- UWV: dismissal during illness (in Dutch)
- IND brochure 3072: residence permit for work as a highly skilled migrant
Final notes and legal disclaimer
- This article provides general information and is not tailored to your personal circumstances.
- It does not cover all situations, exceptions, or recent legal changes.
- Reading this article does not create a lawyer-client relationship with findlawyer.nl or any associated entity.
- No guarantee is given that this information is complete, accurate, or up to date.
- No rights can be derived from this article.
- For decisions about your probation period or dismissal, or your specific situation, always consult a qualified professional.
FindLawyer is a lawyer-matching and case-preparation service, not a law firm. Legal advice comes from the partner lawyer.