Publication by Anneke Pelser and Suzanne Gerritse in "tijdschrift Arbeidsrechtpraktijk" (TAP): THE EXTENDED PROBATIONARY PERIOD: A DESIRABLE CHANGE?
The new coalition government has formulated its new policy intentions for reform of employment law regulations. These policy regulations referred to as 'Confidence in the Future' outline a number of changes to employment law regulations aimed at providing a more attractive climate for employers to, inter alia, enter into employment contracts for an indefinite period of time. For this reason, one of the changes envisaged by the government is to extend the current maximum duration of the probationary period in employment contracts for an indefinite period of time from two months to five months. However, the question is whether this legislative amendment as envisaged by the government will in fact result in more employers offering employees employment contracts for an indefinite period of time. And if so, whether in addition the end justifies the means. In this article we will first of all deal with these questions. Subsequently, we will, by analyzing case law, identify possible consequences of extending the probationary period, and in particular, discuss the need for doing so.