Getting dismissed during your probationary period feels like a double blow: you have only just started, and the employment is already ending before it has really had a chance to begin. Yet that does not automatically mean you are left empty-handed. Since the introduction of the Labour Market in Balance Act (WAB) on 1 January 2020, you accrue the right to a transition payment from your very first working day, even if you are dismissed during the probationary period.
What the WAB changed for your dismissal during your probationary period
Before 2020, you had to have been employed for at least two years in order to qualify for a transition payment. That changed fundamentally. Since 1 January 2020, you accrue a transition payment from the moment your employment contract begins. This applies regardless of the type of contract: a permanent contract, a fixed-term contract, a zero-hours contract — the rules are the same for everyone.
In practical terms, this means that if your employer takes the initiative to end the employment during the probationary period, you are in principle entitled to a (modest) payment, even if you have only worked for a few days or weeks.
The two conditions that really matter
There are two things that determine whether you can actually claim a transition payment following a dismissal during your probationary period:
- The dismissal comes from the employer. Your employer must take the initiative. If you resign yourself during the probationary period, the right to a payment will lapse.
- There has been no serious culpable conduct on your part. If you are dismissed due to your own seriously culpable behaviour, your employer may refuse to pay the transition payment.
If you meet these conditions, the law is on your side. Your employer is obliged to pay the transition payment, even if the employment lasted only a few days or weeks.
How much is the payment for short-term employment?
To be fair, the payment after a few weeks of probation is generally a modest sum. The amount of the transition payment is calculated on the basis of two factors: the gross monthly salary and the length of the employment. The formula is one third of the gross monthly salary for each year of service, with part-years counted on a pro-rata basis. In the case of a probationary dismissal, the calculation is therefore based on the exact number of days worked.
The statutory maximum transition payment in 2026 is €102,000 gross, or one gross annual salary if that is higher. With a short probationary period, you will, of course, never come close to this, but the principle of accrual from day one is firmly enshrined in law.
Exceptions you need to know about
Not every situation is straightforward. There are circumstances in which the right to a payment may still lapse or be reduced:
Arrange a no-obligation chat and discover how we can help you.
Plan a conversation- You are under 18 years old and work an average of less than 12 hours a week.
- The employment contract ends on or after you reach state pension age.
- Your collective agreement (CAO) includes an alternative provision for redundancy dismissal – although this is rarely relevant in cases of probationary dismissal.
- The probationary clause has been declared void, which gives the situation a different legal complexion.
Unsure whether your probationary clause was valid? That, too, is worth checking. A probationary period must meet strict statutory requirements: for instance, a probationary period may not be agreed at all in a contract of less than six months, and for a contract of between six months and two years, the maximum probationary period is one month.
Practical steps following a probationary dismissal
If you are dismissed during your probationary period and want to know where you stand, take the following steps:
- Keep all documentation: your employment contract, any letter or written confirmation of dismissal, and your payslips.
- Check whether your probationary clause is legally valid. An invalid clause can have significant consequences for the dismissal procedure.
- Calculate an indication of your payment yourself using the calculator on the Dutch government website (rijksoverheid.nl).
- Ask your employer for written confirmation of the dismissal and the reason for it.
- Be aware of the time limit: if you want to enforce the transitional payment through the sub-district court, you must submit a petition within three months of the end of the employment contract.
- Consult an employment lawyer if you are in any doubt, if the payment is not forthcoming, or if you believe your probationary dismissal was unjustified.
What if your employer doesn't pay?
Should your employer fail to pay the transition payment following dismissal during your probationary period, you can enforce payment through the subdistrict court. The statutory limitation period is crucial here: you have three months from the end of your employment contract to submit a claim. If you allow this period to expire, your claim will lapse and there is no recourse. Seek legal assistance in good time if your employer is uncooperative or disputes the payment.
Why Arbeidsjurist Eindhoven?
At Arbeidsjurist Eindhoven, we understand the local labour market and know precisely how these situations unfold in practice. Whether you have been dismissed during your probationary period, have doubts about the validity of your probationary clause, or your employer is refusing to pay – we are happy to work through these matters with you. Get in touch for an initial no-obligation consultation. Together, we will examine your rights and determine the best course of action for your specific situation.
Frequently asked questions
Are you entitled to a transition payment if you are dismissed during your probationary period?
Yes, since 1 January 2020 you have been entitled to accrue a transition payment from your first working day. Even in the event of dismissal during the probationary period, you are in principle entitled to a payment, provided the dismissal is initiated by the employer and there is no serious misconduct on your part.
How much is the transition payment for a few weeks of probation?
The payment is proportionate to the period worked. In the case of a dismissal during probation, it is generally a small amount, as the calculation is based on the gross monthly salary and the exact number of days worked. The statutory formula is one third of the gross monthly salary per full year of service, calculated on a pro-rata basis for shorter periods.
What if my probationary clause is invalid?
A probationary clause must meet statutory requirements. In a contract of less than six months, no probationary period may be agreed at all. If the clause is void, the standard dismissal rules apply and you may have more rights than you realise. Always have this assessed by an employment lawyer.
What is the time limit for claiming the transition payment?
If your employer fails to pay the transition payment, you must submit a petition to the subdistrict court within three months of the termination of your employment contract. If you let this period lapse, your entitlement to the payment will be permanently forfeited.
Does the right to a redundancy payment also apply to fixed-term contracts with a probationary period?
Yes, the rules apply to all types of employment contract, including fixed-term contracts. As long as the dismissal is initiated by the employer and no statutory exception applies, you are entitled to a transition payment regardless of the type of contract.
We're happy to help you brainstorm ideas. For advice tailored to your specific situation, we'd be happy to sit down with you. No rights can be derived from the content of this page and it may contain inaccuracies.
