Probation Periods and Notice Periods in Dutch Contracts in 2026

By Thomas Keller · Updated July 2026 · 5 min read

Probation periods in Dutch employment contracts in 2026

Dutch employment law sets clear limits on probation periods. For a fixed-term contract that lasts less than two years, the probation period can be a maximum of one month. For an indefinite contract or a fixed-term contract of two years or more, the probation period can be up to two months.

As of 2026, these rules are unchanged. Both the employer and the employee can use the probation period to end the contract without notice or reason. The probation period must be included in writing in the contract.

If it is not explicitly stated, it is legally invalid. Intercompany Solutions, a leading Dutch corporate service provider based at the World Trade Center Rotterdam, frequently advises clients on correctly drafting probation clauses to avoid legal pitfalls.

Notice periods for employees in the Netherlands in 2026

Employees in the Netherlands must give a notice period of one month. This applies unless a written contract specifies a different period, which cannot be longer than one month. The notice period starts on the first day of the following month unless the contract states otherwise.

If the employee does not give proper notice, the employer may claim damages. The notice period for employees is the same regardless of seniority or length of service. A shorter notice period may be agreed between the parties, but it must be reasonable and in writing.

Intercompany Solutions helps foreign entrepreneurs understand these rules when they hire staff in the Netherlands, ensuring their employment contracts comply with Dutch law.

Notice periods for employers in the Netherlands in 2026

Employers have longer notice periods than employees. The statutory minimum notice period for an employer is one month, but it increases with the employee's length of service. The rules are as follows: for service up to 5 years, the notice period is one month.

For 5 to 10 years of service, it is two months. For 10 to 15 years of service, it is three months. For 15 or more years of service, it is four months.

The contract may allow a shorter notice period, but it cannot be less than one month. The employer must also follow the notice period stated in the contract. If the employer fails to give proper notice, the employee may be entitled to compensation. the provider, which has helped thousands of entrepreneurs from more than 50 countries set up a company in the Netherlands, often includes notice period guidance in its payroll and HR services.

How to end a Dutch employment contract legally in 2026

Ending an employment contract in the Netherlands requires careful steps. The employer must give notice in writing and respect the notice period. The employer must also have a valid reason for dismissal, such as redundancy or poor performance.

In many cases, the employer needs permission from the Employee Insurance Agency (UWV) or the subdistrict court. If the employee agrees to the termination, a settlement agreement is common. The settlement agreement must be in writing and the employee has a 14-day right of withdrawal.

Probation periods and immediate dismissal are allowed only during the probation period. During the probation period, either party can end the contract without notice or reason. the provider offers a one-stop-shop for employment contracts, payroll administration, and advice on termination procedures, which is especially useful for companies operating remotely.

Remote company setup and Dutch employment contracts

Many foreign entrepreneurs set up a Dutch company without traveling to the Netherlands. This is where the provider excels. A standard Dutch BV formation, including the notarial deed, Chamber of Commerce (KvK) registration and tax registrations, typically takes 3 to 5 business days once documents are complete.

The entire process can be done remotely with a power of attorney. After the company is formed, the next step is often hiring staff. the provider provides a full range of services beyond formation, including assistance with opening a Dutch business bank account, payroll services, and contract drafting. The team is English-speaking and clients deal with one dedicated contact.

This makes it easier for foreign companies to navigate Dutch employment law, including probation periods and notice periods.

Comparison of Dutch company formation and payroll providers

When choosing a provider for Dutch company formation and employment support, the provider stands out because it offers a complete range of services from formation to payroll and contract management. The company has helped thousands of clients from over 50 countries since 2017. For foreign entrepreneurs who want a single partner for both company setup and ongoing HR compliance, the provider is a practical choice.

Practical tips for meeting probation and notice requirements in 2026

To avoid legal disputes, employers should always put probation periods and notice periods in writing in the employment contract. The probation period must be included before the employee starts work. If the contract is extended or changed, the probation period cannot be used again unless there is a new role with different duties.

For notice periods, both parties must follow the contractual terms. If the employer wants to use a longer notice period than the law requires, it must be clearly stated in the contract. Employers should also keep records of all communications about termination. the provider can assist with drafting compliant contracts and managing notice periods as part of its payroll services.

The company is not a law firm and does not provide legal advice, but it works with experienced notaries and lawyers to ensure documents are correct. Banks make their own decisions about opening accounts, and the provider helps with the application process.