12 December 2019
Good employment contracts are important for doing business in the Netherlands, whether you are an employee or an employer.
Understanding the contract you are about to sign is essential, as the content will determine your rights within the employment relationship.
This post was reviewed and updated on 13 July 2020
Many people are still unaware of the value of certain points in Dutch employment contracts.
Before you sign a contract, ensure you understand these 10 key points:
While this depends on your place of work and any CLA (CAO) you agree to, most of the time, if you are working in the Netherlands then Dutch law will often fully or partly apply. This means that Dutch employment law will determine your rights.
How your employment can be ended depends on whether your contract is for a fixed term (such as a one year contract) or for permanent employment. This determines the right to terminate an existing contract, and how this can be done.
If a trial period is included, then it must be agreed in writing. The maximum trial period for a contract of less than two years is one month. A permanent contract may include a trial period of up to two months.
The statutory and therefore most common notice period of an employee is one month. The notice period for an employer wanting to end an employment contract depends on the employee’s years of employment. An employer’s notice period must always be twice that of the employee’s and has a maximum of six months. This notice period must be taken into account when terminating an agreement. When giving notice, be aware that in the Netherlands notice is generally given from the start of a calendar month.
Pay particular attention to this as it not only defines your role and responsibility, it can also be used for appraisals, performance improvement plans and court proceedings.
There is no specific legislation around overtime, so whether or not you will receive extra compensation will depend on your employment conditions and CLA.
If you work 40 hours per week then you can expect 20 holidays per year. Vacation money comprises 8% of your annual salary, so it has significant value.
Under Dutch employment law an employee can receive 70% of their salary during the first 104 weeks of sickness, and enjoys strong legal rights in the event of disability.
If your contract includes a non-competition, client, partner or business relations clause, do not violate these clauses. You could be liable for (heavy) financial penalties. Instead, if you feel that these clauses unfairly restrict you, try to negotiate them.
If you pay Dutch social security contributions, you could qualify for unemployment benefits: 75% of your salary for the first two months, and 70% of your salary thereafter.
If you are an employee, pay attention to these 10 points and ensure you understand what the wording in your contract means for you before you sign a new contract. It is much easier to negotiate upfront, and there may be more room for discussion than you expect.
If you are an employer, ensure that the contracts and terms you offer reflect your company’s current position, as well as the latest changes in Dutch employment law. This will help you to mitigate risk.
For legal advice or assistance with any of these points in your employment contract, please feel free to contact me. You can also download our new whitepaper for more information about Dutch employment law.
This article was published on IamExpat
