Eligibility for redundancy pay during the probationary period: what applies to you

Entitlement to a transition payment during the probationary period?

Being dismissed during your probationary period often comes as a rude shock — and you immediately wonder whether you are entitled to anything. The answer is yes: even in the event of dismissal during the probationary period, you are in principle entitled to right to a transition payment, even if you had only been employed for a few days. Below you can read exactly how this works, when exceptions apply, and what the best course of action is.

Entitlement to a transition payment from the first working day

Before 2020, there was a waiting period of two years before you could claim a transition payment. That is now a thing of the past. Since the introduction of the Wet Arbeidsmarkt in Balans (WAB) on 1 January 2020, you accrue the right to a transition payment from your very first working day. In concrete terms, this means: if your employment contract is terminated by your employer while you are still in your probationary period, you are simply entitled to this payment.

That may sound contradictory — the probationary period is specifically designed to allow either party to part ways without obligation — but the legislator has deliberately chosen this system. What matters is that the initiatief lies with the employer. If your employer takes the decision to terminate the employment, this constitutes an involuntary dismissal and the right to a transition payment arises.

When does the right to a transition payment not apply

There are situations in which you are not entitled to a transition payment, even in the case of a short period of employment. The most important exceptions are:

• Je neemt zelf ontslag — anyone who terminates the employment relationship themselves is, in principle, not entitled to a transition payment (unless the employer has acted with serious culpability).
• Seriously culpable conduct on your own part — if your own actions or omissions led to the dismissal, the transition payment may be forfeited (in whole or in part).
• You are under 18 years of age and work an average of twelve hours or fewer per week — in that case the right does not apply.
• You have reached the state pension (AOW) age — in that case too, there is no entitlement to a transition payment.
• A collective labour agreement (cao) providing an alternative arrangement — some collective labour agreements include an alternative arrangement for dismissals on business-economic grounds. Always check whether your collective labour agreement contains any provisions on this.

Are you unsure whether your situation falls under one of these exceptions? Have that properly investigated before you sign anything or give your agreement.

How much is the transition payment for a short period of employment

The amount of the transition payment is based on two factors: the length of your employment and your gross monthly salary. For each full year of service you receive one third of a gross monthly salary. If the employment lasted less than one year, the amount is calculated on a pro-rata basis — even if it was only a matter of a few days or weeks.

In practice, that means the payment upon dismissal during a probationary period will be very limited, but legally speaking every moment worked counts. The maximum transition payment in 2026 is €102,000 gross, or one gross annual salary if your annual salary exceeds that amount. This maximum is of course irrelevant in the case of a probationary dismissal, but it is useful to know the maximum you could potentially receive with a longer period of employment.

Probationary dismissal and a settlement agreement

Sometimes an employer will immediately offer a settlement agreement upon probationary dismissal. Please note: in the case of termination by mutual consent, the employer is not legally obliged niet verplicht to pay the transition payment. Nevertheless, an employee will generally expect at least a payment equivalent to the statutory transition payment, and in practice there is still room to negotiate this.

Would you like to know exactly what a transition payment entails and when you are entitled to one? Read more on our comprehensive page about the transition payment.

Practical steps following dismissal during a probationary period

Are you facing dismissal during your probationary period? These are the steps it is best to take:

• Always request written confirmation — make sure the dismissal and its date are recorded in writing.
• Check the reason for dismissal — is there serious culpability on your part, or is this a unilateral decision by the employer?
• Bereken je aanspraak — even if it is a small amount, it is your right; ask your employer for a breakdown.
• Check whether a settlement agreement is being offered — never sign immediately; after signing you have fourteen days in which to reconsider.
• Pay attention to the payment deadline — the employer must pay the transition payment no later than one month after the end of the employment contract.
• Consult an employment lawyer — especially if there are doubts about the grounds for dismissal or if you wish to negotiate a higher payment.

Why Employment Lawyer Eindhoven

At Arbeidsjurist Eindhoven we assist employees in the Eindhoven and Brabant region who are faced with a dismissal during the probationary period or another unexpected termination of their employment. We assess your situation, check whether you are entitled to a transition payment and consider together what the best strategy is — including when a settlement agreement is on the table.

Please feel free to contact us without any obligation. An initial consultation costs you nothing, but can prove very valuable.

Frequently asked questions

Am I entitled to a transition payment if I am dismissed during the probationary period?

Yes. Since 1 January 2020 you accrue entitlement to a transition payment from your very first working day. If your employer dismisses you during the probationary period, you are in principle entitled to a (proportionally calculated) transition payment, even if the employment lasted only a few days.

How is the transition payment calculated for a very short period of employment?

The transition payment amounts to one third of a gross monthly salary for each full year of service. If the employment lasted less than one year, the amount is calculated on a pro-rata basis using the salary actually earned during that period. The maximum amount in 2026 is €102,000 gross.

What if my employer offers me a settlement agreement in the event of dismissal during the probationary period?

With a settlement agreement, a transition payment is not required by law, but you can still claim one during negotiations. Never sign immediately: you have fourteen days in which to reconsider after signing. Always have the document reviewed by an employment lawyer.

When do I lose my entitlement to a transition payment in the case of dismissal during the probationary period?

You are not entitled to a transition payment if you yourself take the initiative to leave, if the dismissal results from serious culpable conduct on your part, if you are under 18 and work a small number of hours, or if you have already reached the state pension age (AOW age).

Within what period must my employer pay the transition payment?

The employer is required to pay the transition payment no later than one month after the end of the employment. If they fail to do so, you can claim statutory interest and, if necessary, bring proceedings before the subdistrict court.

We are happy to think along with you. For advice tailored to your situation, we would be glad to talk. No rights can be derived from the content of this page and it may contain inaccuracies.