Fixed-Term Contracts and Probationary Periods: What You Need to Know

16-11-2025

When you hire an employee, for example a nanny, you will often start with a fixed-term contract. With fixed-term contracts, it’s important to understand how the probationary period works so that both employer and employee have clarity about their rights and obligations.

What is a probationary period?

A probationary period is a short period at the start of the employment during which both employer and employee can assess whether the cooperation is a good fit.
The maximum probationary period is 1 month. During this period, the contract can be terminated without notice.

Probationary period in fixed-term contracts

• Contract of 6 months or less: no probationary period is allowed.

• Contract of 7 months or longer: a probationary period is allowed, up to a maximum of 1 month.

• Contracts of 2 years or longer: a probationary period of up to 2 months is permitted.

Example

Suppose you offer a nanny a 6-month contract. During the first month, it becomes clear that the cooperation is not working as expected. Because a probationary period is not allowed in contracts of 6 months or less, the contract must continue until the agreed end date.

To avoid this and have a safe trial period, you can offer a contract of 7 months or longer. In that case, you may include a 1-month probationary period. Within this month, the contract can be terminated without notice if the cooperation does not work out.

Conclusion

For fixed-term contracts, it’s wise to align the contract length with your needs:

• Do you want a short trial period in the agreement?
  → Choose a contract of at least 7 months.

• For contracts of 6 months or less, no probationary period is permitted and the contract must be completed in full.

By paying attention to this, you can avoid unnecessary issues.

Would you like advice on drafting or reviewing an employment contract for your nanny or employee? Feel free to contact us — we are happy to help!