I have recently helped six expats who saw themselves confronted by employers with a request to terminate their Dutch labour contract. Some of them had worked over ten years for that company. Others worked with a temporarily visa and as a consequence they might have to leave the Netherlands if they cannot find a new job in time. One client got ill as a result of the conflict.
With my help every expat managed to agree on a termination agreement in which their rights were secured and with a solution that was to their comfort.
One client had an interesting question. Would it be possible to terminate my new labour contract while I have not even started working yet. It sure is! An employee does not have to compensate the company and is free to leave. That is the advantage of a probationary period. The first one or two months of an employment contract can be a probationary period for both parties. During the probationary period both the employer and the employee have the right to terminate the labour contact with immediate effect.
Since 25 July 2018 there is case law concerning this subject and this court has come to the conclusion that although the employee did not started working yet, the conditions of a probationary period already applied. Would you like to know more about Dutch labour law or your Dutch labour contract? Please check my blog for a short introduction and do not hesitate to contact me should you have any questions regarding this subject. I look forward to assisting you in the matter at hand.
Author S.B. Punt, Juriste Punt
Sylvia Punt is a lawyer qualified and specialised in Dutch labour law and in a position to serve you with Dutch legal advice and represent you with regards to your dismissal case.
