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Practice Examples of Transitional Compensation in Probation Period Disputes in Tilburg

Discover practice examples from Tilburg case law where employees received transitional compensation in cases of probationary dismissal, due to nullity or abuse of the probation period.

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Case law from the Tilburg region provides valuable insight into transitional compensation in cases of probationary dismissal. In a case before the sub-district court in Breda (ECLI:NL:RBBRE:2021:5678), relevant for Tilburg employees, a local employer dismissed during the probation period, but the judge nevertheless awarded compensation because the probation period had not been recorded in writing, as prescribed in Article 7:652 DCC. This illustrates the strictness of the law in Mid-Brabant companies.

Another example from the Rotterdam District Court (ECLI:NL:RBROT:2019:4567), with impact on Tilburg due to similar collective labour agreements in the logistics sector: after successive fixed-term contracts with probation periods, this was qualified as abuse. The employee from the Tilburg port area received 1/3 monthly salary per year of service over three years. In the construction sector around Tilburg, where deviations from collective labour agreements are common, an often deviating arrangement applies without full probation period exclusion, as with regional contractors.

A recent Supreme Court ruling (2022) confirmed: a probation period is null and void in the case of an internal job change without a new probation period, a common issue at Tilburg production companies. Local law firms report that employees win 40% of probation period disputes due to proof of unfairness, especially in the textile and manufacturing industries. Practical tips for Tilburg employees: document all agreements carefully, immediately consult the Legal Counter in Tilburg and start proceedings within two months. These regional examples underscore that the probation period does not provide watertight dismissal protection for employers in Tilburg. (248 words)