Cancellation during trial period: What are your rights?


Questioner

I have been offered another job and would like to quit my current job. I am still in the trial period with my current employer. Now he points out to me that there is a validity of 1 month notice period within my trial period and that this is stated in the contract (see below) Art. 3. The probationary period, as referred to in Article 7:652 of the Civil Code, is 6 months. During this period, both the employer as an employee authorized to terminate the employment relationship to be terminated taking into account of the notice period as described in article 12. Art. 12. 1. The employment relationship commences on the date specified in Article 1 date mentioned and it has been agreed for the duration specified in Article 2. Either party may terminate the employment relationship terminate in writing taking into account a notice period of 1 month, starting on the first day of a month. Because it was about the trial period, I simply quickly read over it. Is the trial period indicated in article 3 legally valid and am I obliged to remain seated during my trial period (which runs until the end of November) until August 1?

Lawyer

No, the probationary period clause is not legally valid because the term of 6 months is too long. Article 652 paragraph 7 BW. However, the notice period of Article 12 remains in effect, so you must observe the notice period of 1 month from 1 July.

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