Wvpw Act and the Probation Period in Tilburg
The Act on Improving the Positioning of Flexible Work Forms (Wvpw Act), largely in effect since 1 August 2024, introduces new guidelines for the probation period in redeployment of employees in regions like Tilburg. Employers may now include a probation period of up to two months for replacement work, particularly in cases of dismissal for economic reasons or long-term illness. This provides greater flexibility for redeployment in the Tilburg job market while protecting employees against unfair practices.
Background of the Wvpw Act for Employers and Employees in Tilburg
This act strengthens the flexible labor market and prevents abuses, building on the Work and Security Act (WWZ) and the Balanced Labour Market Act (WAB). In Tilburg, with its dynamic economy centered on industry and logistics, the probation period for redeployment is crucial. Previously, this was often limited; now parties can agree on a trial period to assess job fit, promoting reintegration in the region and reducing risks for employers.
Legal Rules for Probation Period under the Wvpw Act
The key provision is Article 7:652(4a) of the Dutch Civil Code, introduced by the Wvpw Act. For a permanent contract in redeployment, a probation period of up to two months may be agreed.
Redeployment applies in cases of:
- Economic dismissal (art. 7:669 Dutch Civil Code): Replacement work during the transition period (one month after dismissal).
- Long-term illness (art. 7:670 Dutch Civil Code): Track 2 reintegration with another Tilburg employer.
The probation period must be documented in writing and allows termination without notice period, provided it is reasonable.
Comparison of Probation Periods: Standard vs. Wvpw Act
| Aspect | Standard Probation Period (art. 7:652 Dutch Civil Code) | Wvpw Act Probation Period (art. 7:652(4a) Dutch Civil Code) |
|---|---|---|
| Duration | Max. 2 months (permanent contract) | Max. 2 months (redeployment) |
| Application | New job | Redeployment after economic dismissal or illness |
| Termination | Without notice period from start | Same, if job does not fit |
| Requirement | In writing | In writing in redeployment context |
Practical Examples from Tilburg
Example 1: Reorganization in Tilburg. A logistics company in Tilburg-West dismisses 10 employees due to downsizing. Two are offered replacement work at another branch with a two-month probation period. After one month, it does not fit; the contract ends without notice period, with retention of the transition payment.
Example 2: Illness Redeployment. A Tilburg employee, absent for two years due to illness, starts via track 2 with a local employer on a one-month probation period. If not suitable, it ends smoothly without long-term obligations.
Thus, the act resolves mismatches in Tilburg practice.
Rights and Obligations under the Wvpw Act
Employers in Tilburg
- Right: Probation period to test suitability.
- Obligation: Offer suitable work (min. 90% salary) in writing with probation period.
- Obligation: Reasonable termination, not arbitrary.
Employees in Tilburg
- Right: End contract without notice period if job does not fit.
- Obligation: Full effort during trial.
- Right: Protection against abuse; challenge via District Court of Zeeland-West-Brabant (Breda location) or Legal Aid Office Tilburg.
Adhere to good employment practices (art. 7:611 Dutch Civil Code).
Frequently Asked Questions
Can the Wvpw Act probation period exceed two months?
No, maximum two months; longer is invalid.
No written agreement?
No probation period; standard notice period applies.
Does it apply to temp agency or payroll in Tilburg?
No, only redeployment into permanent employment.
Must I accept the probation period?
Yes, by mutual agreement; refusal may affect redeployment obligation.
Tips for Tilburg
For employers:
- Include probation period in writing in the offer.
- Document redeployment for UWV or Municipality of Tilburg.
- Use mediation via Legal Aid Office Tilburg for issues.
For employees: Seek free advice from Legal Aid Office Tilburg for negotiations.