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Probation Period Nullity Tilburg: Rules and Consequences

Discover when a probation period is null and void in Tilburg, the statutory rules (BW 7:667a) and consequences for dismissal and rights. Local help: Juridisch Loket and Court.

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Probation Period Nullity in Tilburg: Rules and Consequences

A **probation period nullity** means that the probation period in your employment contract is legally invalid. This often arises if the probation period does not meet the statutory conditions or is drafted unfairly. The probation period then loses its effect, and the standard rules of the **employment contract** come into force. This affects dismissal procedures, salary and employment conditions in the Tilburg region.

When is a Probation Period Null and Void in Tilburg?

Based on the **Dutch Civil Code** (Article 7:667a DCC), the maximum probation period is **one month** for contracts shorter than six months, and **two months** for longer contracts. Exceeding this makes the probation period **null and void**. In Tilburg, such cases are handled by the District Court of Zeeland-West-Brabant, Wilhelminapark 100.

Statutory Basis

Key rules are set out in:

  • Article 7:667a DCC: Maximum duration of probation period.
  • Article 7:667b DCC: No extension or repetition possible.
  • Article 7:667c DCC: Written inclusion mandatory.
A probation period may not **disproportionately burden** the employee, for example through abuse in Tilburg work environments.

Reasons for Nullity

Possible situations:

  • Exceeding duration: A 3-month probation period for a one-year contract is null and void; max. 2 months.
  • No written recording: Oral agreements do not count; the contract must mention it.
  • Misleading use: Probation period while the employer already knows you are suitable.
  • Extension or repetition: Entirely null and void.

Practical Examples Tilburg

For a Tilburg contract of 1 year with 3 months probation period, this is reduced to 2 months. The excess period does not apply.

Oral probation period of 1 month without mention in the contract? Null and void. Dismissal then requires a valid reason; consult the Juridisch Loket Tilburg, Spoorlaan 364.

Rights and Obligations in Case of Nullity

In case of nullity:

Employee Rights

  • Dismissal Protection: No dismissal on probation basis; valid reason required (conduct or capacity).
  • Notice Period: Follows contract or collective agreement.
  • Compensation: Possible claim for damages in case of wrongful dismissal.

Employer Obligations

  • Accept Nullity: Adjust contract.
  • Fair Treatment: No excessive pressure.
  • Information Duty: Clear explanation of consequences.

Actions in Case of Null Probation Period in Tilburg

Take these steps:

  1. Check your contract for statutory duration and written mention.
  2. Present the nullity in writing to your employer.
  3. Seek free advice from Juridisch Loket Tilburg, Spoorlaan 364.
  4. Approach the District Court of Zeeland-West-Brabant, Wilhelminapark 100 in case of dispute.
  5. Consider a lawyer for a damages claim.

In Tilburg, local authorities help you quickly. Act in time to preserve your rights.