Maximum 1 or 2 months probationary period?
It depends on your employment contract whether your probationary period lasts a maximum of 1 or 2 months. In the case of a temporary employment contract without an end date or for a period of more than 6 months but less than 2 years, a maximum probationary period of 1 month applies. In the case of a permanent employment contract or a temporary contract for more than 2 years, a maximum probationary period of 2 months applies. If you have a contract of 6 months or less, no probationary period may be imposed. However, it should be noted that it is possible to deviate from these rules for temporary contracts if this is stated in the collective agreement (CAO) or a regulation imposed by an administrative body that has this power.
A new contract for the same employer
If you continue to work for the same employer and are offered a new contract in connection with the expiry of your fixed-term contract, your employer may no longer impose a probationary period. However, an exception will be made for the situation in which you start to perform a completely different function.
Resigning or being dismissed during your probationary period
The main reason for imposing a probationary period on a new employee is that both the employer and the employee have the opportunity to assess whether the employee fits the job well. If not? In that case, the employee can be dismissed during this probationary period, without many requirements for the employer. This is because the employer does not have to observe a notice period, do not have reasonable grounds for dismissal or consider the possibilities for redeployment within the organisation. Even if you become ill during your probationary period, it is possible that you will be dismissed. Employees who resign themselves do not have to observe a notice period. However, if the employee resigns, he or she will not be entitled to unemployment benefits. For both parties, it also applies that, in the event of dismissal, they must state the reason for the dismissal in writing at the time that the other party requests it.
Invalid probationary period
When an invalid probationary period has been imposed on you, the employer is not allowed to dismiss you during this period. A probationary period is invalid at the moment it is not stipulated in your contract, exceeds the maximum duration following the law or CAO, differs from your employer or is agreed or modified at the moment you are already employed by the employer.
Contact
Do you have questions about your probationary period? Do you think you might have been imposed an invalid probationary period? Or do you want to resign during your probationary period? The legal experts of Legal Q are ready to assist you! Feel free to contact us so we can see how we can help you.