23 Jun Employee receives over €17,000 after three days of labor
Midden-Nederland District Court May 23, 2025, ECLI:NL:RBMNE:2025:2519
Employee receives over €17,000 after three days of labor
An employment contract of only a few weeks cost an employer dearly. The subdistrict court ruled that an employee was entitled to fair compensation of over EUR 17,000 gross, in addition to the statutory transitional compensation. The reason was the invalidity of the probationary period clause when the employment contract was terminated.
Facts
Employee joined Employer on January 1, 2025 under a six-month fixed-term employment contract. The contract stated that it would end by operation of law on July 2, 2025, representing six months and two days. The employment contract contained a one-month probationary period. On January 27, 2025, Employer immediately terminated the employment contract, invoking the probationary period clause. At that time, Employee had performed only three days of work.
The employee took the position that the probationary clause was invalid, as the law does not allow a probationary clause in employment contracts of up to six months. Moreover, she sought an award of transitional compensation and fair compensation. The Employer argued that the employment contract formally lasted longer than six months and that a probationary period did apply, which, according to the Employer, had also been made clear to the Employee.
Judgment court
The district judge did not go along with this. According to Section 7:652(6)(a) of the Civil Code, it is forbidden to agree on a probationary period in an employment contract not exceeding six months. If a probationary period is nevertheless included, this clause is null and void. The Subdistrict Court applies the Haviltex standard. Decisive is the sense which the parties, under the given circumstances, could reasonably attribute to this provision and what they could reasonably expect from each other in this respect. Both the text in the employment contract and the oral explanation during Employee’s job application point to an employment contract of six months.
Employer stated at the oral hearing that during the job interview it told Employee that Employee would be given an employment contract for “six months. The statement that the contract would end on July 2 – which amounts to six months and two days – does not alter this. If Employer had actually intended to enter into an employment contract longer than six months in order to allow for a probationary period, it should have expressly discussed this prior to entering into the contract and included it in the employment contract. It did not.
Conclusion; Employee receives over €17,000 after three days of work
The frequently used ”trick” of including a one-month probationary period clause in a contract of six months and a few days was rejected by the District Court. Because the employee would still have received over EUR 17,000 in gross salary at the end of the term in the event of a regular termination, the Subdistrict Court awarded this amount as fair compensation. In addition, she was entitled to the statutory transitional compensation, because the initiative for termination lay with Employer.
This ruling highlights the importance of careful contract drafting. Are you in doubt as to whether your employment contracts are legally drafted correctly in this regard? If so, feel free to contact one of our employment lawyers.
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