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Trial period

A trial period may be agreed for the start of the employment relationship, during which both the employee and employer can cancel the employment relationship with immediate effect. The trial period cannot begin proactively before the employment relationship starts or later into the employment relationship: it must begin the moment the employee starts working.

Length of the trial period

The maximum length of a trial period is six months. In fixed-term employment contracts, the trial period, even if extended, cannot exceed half of the term of the contract or a maximum period of six months. The purpose of the trial period is to give both parties time to consider whether the employment contract meets their expectations.

Agreeing on the trial period

A trial period requires an explicit agreement. If proof of a trial period agreement is required, the burden of proof lies with the party invoking the trial period.

Usually, a trial period can only be set at the beginning of the employment relationship. However, if the employee’s role or duties change substantially during a non-fixed term employment contract, a new trial period can be set when the employee starts in the new role.

If a long time has passed since the previous employment contract between the parties, a trial period can be included in the new employment contract. So, as a rule, a trial period cannot be included in each successive fixed-term contract, except when the employee’s duties change substantially under the new employment contract. The employer has the right to extend the trial period if the employee is absent from work during the trial period due to disability or family leave. The employer must notify the employee that the trial period has been extended before the trial period ends. 

Some collective agreements include trial period provisions. The employee may not be aware of the content of the collective agreement. When concluding the employment contract, the employer must notify the employee if the trial period provision of the collective agreement is applied. If the employer fails to comply with this obligation, a trial period based on a collective agreement may not be applied to the employment contract.

More on cancelling the contract during the trial period

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