Limburg District Court, 12 February 2026, ECLI:NL:RBLIM:2026:1410
Facts
On 21 October 2025, the employer and employee concluded an employment contract for a term of seven months, with a probationary period of one month. As of 1 November 2025, the employee would start working for the employer, a casino located in Limburg.
Shortly after signing the employment contract, the employee requested an advance of EUR 1,000 gross on wages yet to be earned.
The employer called the employee and informed her that the requested advance would not be granted. At the same time, the employer invoked the probationary clause, ending the employment contract before the employee’s first working day. This decision was confirmed to the employee in writing a few days later.
The employee disagreed and asked for the termination to be annulled. According to the employee, the termination was not valid because the employment contract had not yet started, meaning the probationary clause could not be invoked. The employee also argued that the employer had failed to act as a good employer.
Ruling
Under Section 7:676(1) of the Dutch Civil Code, both an employer and an employee may terminate the employment contract with immediate effect during the probationary period, as long as that period has not expired. The legislature included the italicised part of this provision to clarify that termination is also possible for an employment contract that has not yet actually started.
The employee was given no real opportunity to demonstrate her suitability for the agreed work. This did not matter, however, since an employer does not need a reasonable ground to give notice during or before the probationary period. The probationary dismissal was therefore validly given.
When going through the employment contract, the employer had emphasised that employees were expected to report any financial difficulties, partly to prevent situations in which employees might be tempted to take money.
When the employee requested an advance shortly after signing, this led the employer to assume she had financial difficulties. Given the nature of the work, involving substantial amounts of cash within the employer’s casino and with incidents of money being taken occurring with some regularity, the employer considered the risk of continuing the employment contract too great. The employer had not acted contrary to the duty of good employership.
The probationary dismissal therefore stands.
What does this mean for employers?
Both employers and employees may terminate the employment contract with immediate effect during the probationary period, as long as that period has not expired. This also applies if the employment contract has not yet started, in other words if not a single day has yet been worked.
An employer should, however, be aware that a probationary dismissal must not conflict with the duty of good employership. Case law shows, among other things, that a probationary dismissal may not be based on a prohibited distinction, such as discrimination on the grounds of disability or chronic illness. Termination for financial reasons is also difficult to reconcile with good employership, for example where the employer already knew, before concluding the employment contract, that the business was in financial difficulty.
Do you have questions about probationary dismissal? Please feel free to contact one of our employment lawyers.
Click here for the full ruling (in Dutch).
