In Tilburg, strict rules apply to probation periods in temporary employment contracts, particularly relevant for the local logistics sector and textile industry. For contracts shorter than six months, the probation period is a maximum of one month, and for longer contracts, a maximum of two months, as stipulated in Article 7:667a of the Dutch Civil Code (BW). A violation renders the probation period retroactively void. This issue frequently arises with temporary agency workers in Tilburg-based companies, such as those around the Spoorzone or in seasonal work in port areas.
Collective Labour Agreements (CAOs), such as the Temporary Agency Work CAO (Uitzend-CAO), which is widely applied locally, may include deviating rules but never exceed the statutory limit. A void probation period prevents unilateral termination and triggers the chain provision: a maximum of three consecutive contracts within two years. Temporary employment agencies in districts like Oud-Zuid often make mistakes in this regard, for example, with bi-weekly assignments in the manufacturing industry, leading to claims at the subdistrict court in the Paleis van Justitie on Schouweberg.
Employees thus retain dismissal protection and seniority accrual. Advice for Tilburg employers: correctly integrate the probation period into the Uitzend-CAO and explicitly state this in contracts for factories or shops. Employees: verify your contract upon commencement of employment. In case of disputes, approach the Tilburg subdistrict court for a declaration of nullity. The Work and Security Act (Wet Werk en Zekerheid) has strengthened this protection for flexible workers in the Midden-Brabant region, with recent cases keeping local legal professionals occupied.