In Tilburg, normally no transitional compensation applies upon termination during the probationary period, but there are crucial exceptions, particularly relevant for the local labour market in the care sector and at textile producers. According to Article 7:673(7) of the Dutch Civil Code (BW), the exclusion does not apply if the employer unlawfully uses the probationary period, for example to avoid transitional compensation in long-term employment relationships at Tilburg companies. If the probationary period lasts longer than permitted (maximum 2 months for indefinite-term contracts), the employee may claim the compensation via the district court in Tilburg.
The District Court of Oost-Brabant, sitting in Tilburg, strictly examines for abuse: in the case of extending a fixed-term contract with a probationary period after previous employment relationships, as often occurs in seasonal work in the region, the transitional compensation is nevertheless awarded. Also in cases of discrimination or unfair dismissal during the probationary period, the Tilburg district court judge may impose the compensation. Practical example from Tilburg: a care worker with 5 years of service at a local hospital received a new contract with a probationary period; upon dismissal, the court ruled that this was a sham probationary period and awarded €8,500, taking into account the high ages in Brabant care.
Employees in Tilburg must object to the district court at Schouwburgstraat within 2 months after dismissal. Proof of abuse is essential, such as emails, schedules or witness statements from colleagues. Advice: engage a Tilburg lawyer, such as via the Juridisch Loket in the Spoorzone, to review your contract and minimise risks in the local economy. (212 words)