A working-student contract is a regular employment contract, so the statutory rules on probation in Article 7:652 of the Dutch Civil Code apply exactly as they do to any other contract [1]. You don't have fewer rights because you're still studying.
What exactly is a probation period?
A probation period is an introductory period at the start of the contract. During probation, employer and employee can end the agreement immediately, without a notice period and without a reasonable ground for dismissal; whoever gives notice must, at the other's request, state the reason in writing [2]. The probation period must be agreed in writing and applies equally to both parties [1].
How long can a probation period legally be in a working-student contract?
The length depends on the duration of the contract, not on the fact that it's a working-student role [1]. For a fixed-term contract of at most six months, no probation period may be agreed. For a contract longer than six months but shorter than two years, a maximum of one month is allowed; for two years or longer, a maximum of two months. If a fixed-term contract does not end on a calendar date, a maximum of one month is allowed. For an indefinite contract, a maximum of two months is allowed [1]. A successor contract with the same employer may not have a probation period, unless the new role clearly requires different skills or responsibilities [1][2].
What happens if the probation period doesn't follow these rules?
Then the clause is void: the law provides that any clause in breach of Article 7:652 is void [1]. A probation period that's too long doesn't apply, and the ordinary rules on ending the contract apply instead. A three-month probation on a five-month contract isn't “three months that should really have been one”, it's a probation period that isn't allowed at all. In doubt? Have it checked by a lawyer or the Dutch Legal Aid Desk (Juridisch Loket).
What happens to the probation period if you fall ill or have exams?
If you fall ill during probation, you don't get a longer probation period, and dismissal during probation is also possible if you're sick [2]. If you resign yourself during probation, you have no right to unemployment benefit [2]. So discuss upfront how the first weeks line up with your exam schedule, so you're not halfway through probation in an exam week without an agreement.
Checklist before you sign
- Does the length of the probation period match the contract duration under the law?
- Is the probation period stated explicitly and in writing, not just promised verbally?
- Is it clear from which date the probation period starts?
- Have you discussed the study workload for that first stretch?
Why it matters, even for a part-time role
A working-student contract isn't a lighter version of an employment contract, and neither are the rules on probation. You conclude the contract with the employer; under our general terms the hiring decision stays with the employer [3].
Sources
- wetten.overheid.nl: Burgerlijk Wetboek Boek 7, artikel 652 (proeftijd), geldend per 1 juli 2026, accessed 11 October 2026.
- Rijksoverheid: Welke regels gelden er bij een proeftijd?, accessed 11 October 2026.
- VOIDS: Algemene voorwaarden, accessed 11 October 2026.
Transparency: VOIDS connects working students with organisations and therefore has an interest in this topic. We back up facts with sources and connect research and trends to our own experience from practice.
