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Consequences of a Void Probationary Period for Dismissal Protection in Tilburg

In Tilburg, a void probationary period results in full dismissal protection. Dismissal requires a UWV permit or subdistrict court proceedings at the Zeeland-West Brabant District Court. Employers risk compensation claims through local authorities.

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In Tilburg, a vibrant hub of West Brabant with a thriving labor market in sectors such as logistics and textiles, a void probationary period can have significant consequences for dismissal procedures. When the probationary period is declared void—for instance, because it lasted too long or was not recorded in writing—the special rules governing the probationary period no longer apply. The employee then enjoys full dismissal protection, as if the probationary period never existed. Employers in Tilburg may not unilaterally dismiss an employee without just cause and without following the mandatory procedure, such as obtaining a dismissal permit from the Employee Insurance Agency (UWV) or initiating proceedings before the subdistrict court of the Zeeland-West Brabant District Court, cantonal sector, location Breda, which handles cases from Tilburg.

Pursuant to Article 7:668 of the Dutch Civil Code (BW), dismissal must comply with the general rules of the Civil Code. Recent cases before the subdistrict court in Breda demonstrate that judges declare dismissals void and grant employees the right to continued payment of wages, including holiday allowance and pension accrual. In the Tilburg region, where many SMEs are active, employees often successfully invoke the nullity of the probationary period. Employers risk high compensation payments, particularly in local textile or transport companies where collective labor agreements (CAOs) enforce strict rules.

In case of disputes, it is essential to immediately review the employment contract and seek legal advice from Tilburg specialists, such as law firms on Heuvelstraat or through the Legal Counter (Juridisch Loket) in Tilburg. They assist in asserting your rights and recovering damages, which strengthens your position in labor conflicts within the region.