Employment Contracts in Amsterdam, The Netherlands
An employment contract is an agreement between both parties and is the basis of a Dutch employment relationship. It is an agreement whereby the employee enters into the service of the employer, to perform work in return for payment of wages. An employment contract does not need to be in writing. However, it is preferable to have a written contract setting out all the main terms and conditions of employment. Where an employment contract is unambiguous, it will help avoid disputes arising.
Employment contracts come in shapes and sizes. Flexible employment contracts are designed to cover temporary work or a shortage of staff. This includes temporary workers, payrollers and on-call workers.
An employment contract contains the rules that employer and employee agree upon with each other. There are limits to this: a provision in a Dutch employment contract may not conflict with:
- Good morals,
- Public order,
- or with rules of Dutch mandatory law.
In addition, the parties must conduct themselves as a ‘good employer’ and a ‘good employee’.
Dutch employment contract lawyers in Amsterdam
Our Dutch employment contract lawyers in Amsterdam can support you in a number of ways:
- reviewing existing contracts,
- drafting employee contracts and handbooks.
WS Advocaten (solicitors) in Amsterdam hold a broad range of experience in acting on behalf of both employers and employees. We can assist with all types of contracts (employment, freelancers, contractors, consultants, casual workers, temporary workers).
Content of a Dutch employment contract
Every Dutch employment contract must meet 3 conditions:
- a relationship of authority: the employer may give instructions to the employee;
- the employee receives a salary;
- the employee must personally perform the work and may not use another person to do so.
Dutch employment contract topics
The most common topics in an employment contract are: the job description, salary, bonus, 13th month, overtime, location, travel allowance, company car, probationary period, notice periods, vacation days and vacation allowance, pension plan, confidentiality clause, (non-competition) clause, relationship clause and a study cost arrangement.
Dutch CLA and employment contracts
Often a CLA is applicable, a collective bargaining agreement that includes rights and obligations about:
- working hours,
- and severance arrangements.
Dutch Mandatory law
In addition to the CLA, other regulations apply to the employment contract, such as the Civil Code, the Minimum Wage Act, the Working Time Act, the Working Conditions Act, the company regulations, with, for example, rules on safety and illness.
- the probationary period,
- minimum wage,
- and notice periods
are often mandatory law, from which parties cannot deviate by agreement.
Probationary period in work contracts
During the probationary period, the employment contract can be terminated at any time by either party. A probationary period clause is only valid if it is concluded in writing and must have the same duration for both parties.
A probationary period can last one or two months, depending on the duration of the employment contract. As of January 1, 2015, no probationary period may be included in an employment contract of six months or less.
Non-competition clause in The Netherlands
A (non-)competition clause must be agreed in writing with an adult employee.
Contracts for a definite or indefinite period
An employment contract can be temporary or indefinite. A temporary contract ends automatically (by operation of law) at the end of the agreed period. Termination in the interim is only possible if this has been agreed in advance in writing.
Legal presumption of scope of work
An employee may claim a legal presumption of employment if he can prove that he has worked every week for 3 months, or at least 20 hours per month, for the same employer.
End of employment contract
An employment contract can end in several ways:
- end of fixed-term employment contract;
- mutual agreement;
- termination during the probationary period;
- termination via the UWV
- resolutive condition;
- summary dismissal;
- dissolution by the subdistrict court;
- collective dismissal.
Contact an employment contract lawyer in Amsterdam
Our specialist employment lawyers in Amsterdam are here to help and provide a quick and effective initial assessment on a range of employment contracts. If you’ve been offered a new role, we can advise you on your contract. If your employer is trying to change the terms of your contract, we can advise you on your rights. We have standard fees for contracts to make it easier for you to budget. If you need help with any issues related to employment contracts, call our Amsterdam specialist team on 0031205221999