Contract with trial period

It is not unusual that a trial period is included in the employment contract. The laws concerning contract with trial period state the following:

  • The trial period has to be established through a written agreement.
  • The trial period has to be the same for the employer, as well as the employee.
  • In case of an employment contract for less than two years, a trial period can last for a maximum of one month.
  • In the case of an employment contract of two years or more, a trial period can last for a maximum of two months.
  • A trial period that has been agreed on, but lasts longer than the allowed maximum trial period, can be declared legally invalid. In that case there is no valid trial period.
  • When agreements have been established in a valid CAO, concerning the maximum trial period, earlier mentioned rules can be strayed from.
  • Within a valid trial period, neither the employer nor the employee has a prohibition of termination. Therefor, an employment contract can always be terminated before the end of the trial period.
  • An employer is never allowed to end a working agreement for reasons that can be perceived as discrimination. This rule also applies during the trial period.