In Tilburg, a void probation period has immediate consequences for employment conditions, particularly for local employers in sectors such as the textile and healthcare industries. All clauses that applied exclusively during the probation period, such as a lower starting salary or flexible schedules, are automatically nullified. From day one, the standard terms of the employment contract apply, including full salary, accrual of vacation days, and pension contributions. Article 7:667 of the Dutch Civil Code explicitly states that a probation period may not deviate from the main employment agreement. Case law from the Dutch Supreme Court, including comparable cases in North Brabant, confirms that back pay must be awarded in cases of unfair probation clauses.
Employees in Tilburg can file a claim with the subdistrict court of the Oost-Brabant District Court, located at Kazernehof in 's-Hertogenbosch, for back payment and adjustment of conditions. Local trade unions such as FNV in Tilburg offer free initial advice. Employers, including companies around the Spoorzone, must ensure probation clauses are watertight to avoid nullification.
Practical advice for employees in Tilburg: gather evidence such as the signed collective labor agreement (CAO), payslips, and emails regarding working hours. In case of disputes in the region, a mediator via the Legal Counter Tilburg can facilitate mediation, but for full restoration, legal steps through the subdistrict court are often essential. This can lead to financial compensation, restoration of vacation days, and longer-term stability in a dynamic labor market such as Tilburg's.