Severance payment for dismissal during a probationary period
March 19, 2020
In most cases, your first contract includes probation. This is a short period at the start of your contract during which you and your employer can cancel the contract immediately. So you can resign during your probationary period but then you are not entitled to a severance payment. However if you are let go during the probation, you are still eligible for severance pay!
What is probation?
A probationary period is a short period at the start of your first contract which allows you and your employer to test how well you fit with the organization. You only have a probationary period when it is stated in your contract. If you do have probation, you can be let go during this period without requiring notice. An employer does not need to have a valid reason for dismissal during the probationary period . He must, however, make a written statement about your dismissal.Your wages will therefore stop immediately and you will not be paid until the end of your trial. The probationary period is a maximum of two months.
The probationary period can only be included in your first contract. If you have a temporary contract and then receive a new one, your employer cannot set a new trial period. This also applies if you work as a temporary worker and then take up permanent employment. An exception to this is when you are going to do a completely different job or are assigned completely different tasks and responsibilities at the same employer. For example: you are a mechanic and now become an accountant.
A trial period is actually a kind of introductory period. You and your employer can both see if the job is right for you. If this is not the case, you can be resigned or resign yourself during this period. An employer does not need to have a valid reason for dismissal during the probationary period. He must, however, make a written statement about your dismissal.
Maximum duration of the probationary period per contract
Duration of probation
Permanent and temporary contracts of two years or longer
Maximum of 2 months
Temporary contracts longer than six months
Maximum of 1 month*
Temporary contracts with no end date
Maximum of 1 month*
Temporary contracts of up to six months
No probationary period possible
* Unless the collective labor agreement (CLA) includes a probationary period of a maximum of two months
What is severance pay?
When you are dismissed, you are entitled to severance pay, also known as transition compensation. This payment is supposed to help you maintain your standard of living upon losing your source of income. It doesn't matter how long you have been employed but only applies if you are eighteen or older.
Are you resigning yourself or is a resignation by mutual consent ? Then you are not entitled to severance pay. With a few exceptions. Read on and we'll explain it to you.
Getting fired during your probation
You have just started working for your new employer, but you really cannot handle the work. Your employer decides to fire you during your probationary period. He may do this immediately and does not have to take the notice period into account.
You are usually entitled to severance pay when you are fired, even if this happens during your probationary period. You are then also entitled to unemployment benefit. Your severance payment will not be that high, because the amount of your compensation depends on the time you worked.
You calculate the amount of your severance payment with this formula:
(1/3 gross monthly salary) X (amount x number of months worked)/12
There is an exception. If you are to blame for the dismissal by your employer during your probationary period, for example, because you were late every day, your right to compensation and benefits could be jeopardized. You would be considered culpable for your unemployment and thus might not be eligible for compensation.
Resign during your probation
You have started a new job, but it is not going well at all. Then you can resign during your probationary period. You can stop working immediately and do not have to take the notice period into account. However, your wages also stop immediately. So you will not get paid until the end of your trial period.
The disadvantage of resigning yourself is that you are not entitled to severance pay or unemployment benefits. If it is your own choice to quit your job, your employer does not have to compensate you for the dismissal. They also call this culpably unemployed.
The only exception to this is if you resign because of seriously culpable actions by your employer. This is possible, for example, when you are bullied in the workplace or when no wages have been paid. In that case it is important to file an appeal with the sub district court.
Got fired during your probation?
Do you think you are entitled to severance pay? Or are you not quite sure? We are happy to find out for you and help you claim your severance payment. Fill in the form below. We get you what you are entitled to!
We often use the term severance pay instead of the official term transition payment. This is because people will understand it more easily that way. Want to know more?
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