Dismissal during the probationary period before the first day of work: permitted, but not without limits

On 12 February 2026, the subdistrict court of the Limburg District Court ruled in an interesting case concerning the probationary period clause. The key question was: can an employment contract be terminated before the employee has actually started work?

What were the facts of the case?

The employer and employee entered into a seven-month employment contract, with a one-month probationary period and a start date of 1 November 2025. Shortly after signing, the employee requested an advance on their salary. The employer rejected this request and terminated the employment contract almost immediately afterwards, invoking the probationary period – even before the first day of work.

The employee contested this, arguing that dismissal during the probationary period is only possible once the employment contract has actually commenced. Furthermore, the employer allegedly acted in breach of the duty of good employment practices.

Ruling of the subdistrict court

The subdistrict court dismissed the first argument. According to the law, parties may terminate the employment contract during the probationary period “as long as that period has not yet expired”. This applies even if the employment contract has not yet commenced. The probationary period clause can therefore be invoked even before the first working day.

Furthermore, the basic principle is that no reasonable grounds are required for dismissal during the probationary period. The fact that the employee has not yet had a chance to prove themselves does not affect this.

Good employer practices as a corrective mechanism

However, this does not mean that dismissal during a probationary period is always permitted without further ado. Even in the case of a legally valid dismissal during a probationary period, the employer must adhere to the standard of good employer practices.

In this case, the employee argued that she was being ‘punished’ for asking for an advance. The court did not agree. The employer had sufficiently explained that the request for an advance – so soon after starting work – gave rise to concerns about financial difficulties, which constitutes a risk in a cash-sensitive working environment such as a casino. This assessment was not deemed unreasonable.

As the dismissal was legally valid and did not violate the principle of good employer practices, the claim for fair compensation was also rejected.

Practical implications

This ruling confirms that employers may dismiss an employee during the probationary period even before the first working day. At the same time, the standard of good employer practices remains in place: abuse of the probationary clause can still be sanctioned.