Probation period in hospitality: what are your rights as an employee?
Starting a new job in hospitality or the hotel industry often means your contract includes a probation period. During this time, both you and your employer can assess whether the role and the working relationship are a good fit. At the same time, a probation period can create uncertainty. Can your employer dismiss you at any time? How long can a probation period last? And what rights do you actually have?
In this article, we clearly explain the key rules around probation periods in hospitality. This will help you understand when a probation period is valid, what your rights are if you are dismissed, and what to look out for in your contract.
When is a probation period allowed?
A probation period must be agreed in writing. It is usually included in your employment contract, but it may also be set out elsewhere, such as in an employee handbook. It must be clear to you as an employee that you are subject to a probation period. If it is not recorded in writing anywhere, then there is no valid probation period.
How long can a probation period last?
The maximum duration of a probation period in hospitality depends on your contract:
Contract of 6 months or less: no probation period allowed
Contract of more than 6 months and less than 2 years: maximum of 1 month
Contract of 2 years or more or a permanent contract: maximum of 2 months
If your contract is for one year but includes a probation period of two months, the probation clause is invalid.
Important: the length of the probation period must be the same for both employer and employee. If it is not, the clause is invalid.
Also relevant in hospitality: a probation period can usually only be included in the first contract. If your contract is extended with the same employer, a new probation period is generally not allowed, unless the new role clearly requires different skills or responsibilities.
The hospitality collective labour agreement follows the rules set out in Dutch civil law. This means the probation period must be agreed in writing and cannot be applied again when continuing the same type of work.
What does a probation period mean for dismissal?
During a valid probation period, both you and your employer can end the employment contract immediately. This means:
No notice period applies
No approval is required from the UWV or a court
The probation period therefore gives both parties the flexibility to end the employment relationship quickly if it is not the right fit.
What can and cannot an employer do during the probation period?
During the probation period, an employer has more flexibility to terminate the contract, but there are still limits.
What is allowed:
The employer may end the contract immediately during a valid probation period
No performance file or redeployment investigation is required
What also applies to you:
You may also leave the job without notice during the probation period
Right to a reason for dismissal
If your employer dismisses you during the probation period, you can request a written explanation. The employer must provide this.
This may be important if you need to apply for benefits or if you suspect the dismissal was not lawful.
Discrimination is not allowed
Even during a probation period, your employer is not allowed to dismiss you for discriminatory reasons, such as:
Pregnancy
Gender
Origin
Disability or chronic illness
The Netherlands Institute for Human Rights has ruled in several cases that dismissal during probation may not be based, even partly, on pregnancy.
What are your rights if you are dismissed during the probation period?
Right to salary
If you are dismissed, or if you resign, during the probation period, you are entitled to payment for all hours worked.
Accrual of holiday days
Even in a short employment period, you build up holiday entitlement. The amount depends on the number of hours you work.
Even if you have only worked for a short time, you will usually still have a small balance of accrued leave.
Transition payment
A transition payment is a statutory compensation paid by the employer when your employment ends at the employer’s initiative. It is intended to support your transition to new work.
Many people think you are not entitled to anything during a probation period. This is not correct. Since 1 January 2020, you are entitled to a transition payment from your first working day if your employer ends the contract. This also applies if the dismissal takes place during the probation period.
Because the employment period is usually short, the amount will often be limited. However, it remains a legal right.
Resigning yourself: what to be aware of
You can also resign during the probation period without notice. However, this may affect your income afterwards.
If you resign voluntarily, you are usually not entitled to unemployment benefits. You also do not receive a transition payment.
Situations that often go wrong in hospitality
Sick during your probation period
If you become ill during your probation period, the following rules apply:
The employer can still dismiss you during the probation period
The probation period is not extended due to illness
If you are dismissed while sick, you may be entitled to sickness benefits. If you resign while sick, you will most likely not be eligible for these benefits.
Trial shifts and unpaid trial work
In hospitality, trial shifts are quite common. Legally, however, these can create risks.
According to Koninklijke Horeca Nederland, even working for one hour without a clear agreement can lead to discussions about whether an employment contract exists, possibly even without a probation period.
A one day contract used as a trial may also count as the first contract in a sequence. This means that in a follow up contract, a new probation period may not be allowed.
Make sure that during a trial shift it is always clear:
What kind of agreement is in place
Whether there is a contract
What your rights and compensation are
Practical checklist
Not sure if your probation period is valid? Check the following:
Is the probation period recorded in writing in your contract or another document?
Does the duration match your type of contract?
If you are dismissed during the probation period:
Ask for written confirmation of the dismissal
Also request the reason for termination
Do you believe your probation period was invalid or that discrimination may have played a role? Do not wait too long. Employment law has strict deadlines. For some legal procedures, you only have two months after the end of the employment contract.
If you are unsure, seek help from a trade union, legal expenses insurer, lawyer or the Juridisch Loket.
Finally
The probation period is intended as a moment for both employee and employer to assess whether there is a good match. If the job in a hotel or restaurant turns out not to suit you, the probation period can also be an opportunity to look for a role that better fits your experience and ambitions.
This article has been reviewed by:
Sander (A.J.C.) Theunissen
Employment Lawyer (Counsel) - CLINT | Littler
Sander (A.J.C.) Theunissen has over fifteen years of experience and specializes in labor law and works council law. He has gained experience in labor law for the hospitality industry, among other areas.