Sometimes it is difficult to distinguish an employment contact from an agreement to carry out work.
However, the legal consequences are very different.
The employment contact is legally concluded with an offer which is accepted. This agreement does not necessarily have to be drawn up in writing. A signed contract is not necessary. As soon as parties have reached a verbal agreement, they are bound by it. In addition, the employment contract can also be concluded tacitly when one party carries out paid work in the service of another party.
Obviously it is sensible to confirm the agreement in writing in an employment contract. This prevents arguments about the exact conditions at a later stage. In some cases the employer is obliged to do so because of the applicable collective employment agreement. In addition, some clauses always have to be drawn up in writing. For example, a non-competition clause or a clause about a trial period is only valid if it has been drawn up in writing.
There are some things which the employer must always confirm to the employee in writing as soon as there is an employment relationship, for example, the name and place of residence of the employer and the employee, the place where the work is to be carried out, the position of the employee, the start date of the employment, whether an open ended contract has been agreed upon, or, in case of a fixed term contract the duration of the employment, the applicable notice period and the applicable collective employment agreement.
Employers and employees should always take a critical look at the content of the employment contract. The conditions which are included in an employment contract are not always binding. For example, some employment conditions can be superseded by peremptory rules arising from the law or from the applicable collective employment agreement.
GMW lawyers will be happy to help you with all your employment-related legal issues. If you have any questions, please contact us directly using the enquiry form below or +31 (0)70 3615048. Our pension and employment lawyers will be happy to support and advise you.
GMW lawyers will be happy to help you with all your employment law issues. Our lawyers assist both employers and employees.
Do you have a question? Please feel free to contact us.
"*" indicates required fields
22 November 2023
Small hearts, big consequences
Since the MeToo movement in 2017, the number of court rulings involving sexually transgressive behaviour has increased exponentially.
Read more
Read more about20 November 2023
Work wherever you want in 2023?!
The corona pandemic has been behind us for a while now. A period when working from home or elsewhere than in the workplace was the norm.
Read more
Read more about2 October 2023
The new study costs clause
Since 1 August 2022, employers may no longer charge employees for the cost of certain training and education through a study cost clause.
Read more
Read more about20 September 2023
Adaptation of whistleblowers’ scheme to new law
Adaptation of whistleblowers' scheme to new law; employers will be required to adapt internal whistleblower reporting procedures and whistleblowing employees will have increased protection from measures under employment law.
Read more
Read more about2 August 2023
Daylight robbery
People have been working from home en masse since the corona pandemic and, contrary to the expectations of some labour market experts, there seems to be no change in this trend. This is hardly surprising as working from home can have benefits for both employers and employees.
Read more
Read more about26 June 2023
The non-compete clause: is there something you can do?
Most permanent employment contracts include a non-compete clause. This clause determines that you are not allowed to work for a competing company for a certain period of time within a certain region.
Read more
Read more about19 June 2023
Performance Improvement Plan: 5 key points to consider
Termination of the employment agreement due to unsatisfactory performance is possible under Dutch employment law.
Read more
Read more about9 June 2023
A damaged working relationship
It can happen in the best of organisations: an employee and a manager cannot get along. Tensions in the workplace can escalate quickly, negatively affecting the working atmosphere within the department.
Read more
Read more about24 April 2023
Working from home: right or privilege?
Before the Pandemic, working from home was not facilitated by all employers. During the Pandemic, we proved altogether that (long-term) working from home and/or working at a different location than the office can work very well.
Read more
Read more about