NETHERLANDS ANTILLES LABOR LAW (VI)
Termination during the trial period
The parties to an employment agreement may at the start of their relationship agree to a trial period. The maximum duration of the trial period is two months and does not depend on the length of the employment agreement.
During this trial period, either party may terminate the employment agreement without prior notice and without an DDLA permit. Termination may take place with immediate effect, during illness, during pregnancy or military service. A termination during the trial period shall not give rise to a claim for obviously unreasonable dismissal (“kennelijk onredelijk ontslag”). Case law shows, however, that employers should not use reasons of an unethical nature, e.g. reasons that result in unequal treatment: courts tend to punish such abuse of the right to terminate during the trial period.
If an employee has initially been hired through an outside employment agency and is subsequently offered employment directly with the employer for the same job, a trial period is not any longer allowed.
Karel Frielink
Attorney (Lawyer) / Partner
