DUTCH CIVIL CODE

Book 7 Particular agreements

Title 7.10 Employment agreement

Section 7.10.5 Some particular stipulations in an employment

agreement

Article 7:652 Probationary period

- 1. Where parties have agreed a probationary period, it shall be equal for both parties.
- 2. The probationary period must be agreed in writing.
- 3. When entering into an employment agreement for an indefinite term, a probationary period
may be agreed upon for not more than two months.
- 4. When entering into an employment agreement for a fixed term, a probationary period may be
agreed upon for not more than:
a. one month if the agreed duration of the agreement is less than two years;
b. two months if the agreed duration of the agreement is two years or more.
- 5. If the end of an employment agreement for a fixed period has not been set at a calendar date,
a probationary period of not more than one month may be agreed upon.
- 6. It is only possible to derogate to the disadvantage of the employee from paragraph 4, under
point (b) and 5, by Collective Labour Agreement or by a Regulation made by or on behalf of a
public governing body competent to this end.
- 7. Each contractual provision with the effect that the probationary period is not the same for
both parties or that it is set for a longer period than two months, and every contractual provision
with the effect that, by entering into a new probationary period, the total duration of the joint
probationary periods exceeds a period of two months, is null and void.

Section 7.10.9. End of an employment agreement

Article 7:667 Ending of an employment agreement by operation of law or because of a

termination
- 1. An employment agreement ends by operation of law when the period indicated by the
agreement, by law or by common practice (usage) has expired.
- 2. A prior notice of termination is required:
a. if this has been stipulated in a written agreement;
b. if such a notice is required by law or common practice (usage) and there is no written
agreement, where this is permitted, that stipulates otherwise.
- 3. An employment agreement as referred to in paragraph 1 may only be terminated before the
fixed term has fully expired if the right to do so has been agreed upon in writing and has been
granted to each of the parties.
- 4. If an employment agreement for an indefinite term, that has been ended in another way than
by a legally valid notice of termination or a rescission by the court, has been continued once or
several times by an employment agreement for a fixed term, with intervals of no more than three
months, then, in derogation from paragraph 1, a prior notice of termination is necessary in order
to end the last agreement for a fixed term.
- 5. A continued employment agreement as referred to in paragraph 4 exists as well if the same
employee has been successively employed by several employers who may reasonably be regarded
to be each other’s successors in view of the work that has been performed by the employee.
- 6. A prior notice of termination is required for the termination of an employment agreement for
an indefinite term.
- 7. Any contractual provision which would automatically end the employment agreement when
the employee enters into a marriage or a registered partnership is null and void.
- 8. Any contractual provision which would automatically end the employment agreement when
the employee becomes pregnant or gives birth to a child is null and void.