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 For example, some employment conditions can be superseded by peremptory rules arising from the law or from the applicable collective employment agreement.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
24 July 2024
Whistleblower protection: no nonsense!
Whistleblowers are indeed protected from dismissal. What does this mean in practice?
Read more
Read more about22 July 2024
Getting started with the future of pensions act as works council
In this article, we provide some practical tips for the Works Council to have control over the complex pension dossier for the company and employees.
Read more
Read more about8 July 2024
Vacation days during illness: deducting from balance or not?
A sick employee accrues vacation days in a normal manner. But does a sick employee always have to take days off when going on vacation?
Read more
Read more about26 June 2024
Do you require assistance with an employment dispute?
Are you currently facing or anticipating an employment conflict? Employment conflicts can emerge in any workplace. Typically, such disputes can be resolved amicably.
Read more
Read more about19 June 2024
Making progress on the pay gap
Equal pay for men and women is a fundamental European right. In practice, however, there is a big difference between men's and women's pay. There are currently initiatives to reduce the pay gap through legislation in both the Netherlands and Europe.
Read more
Read more about17 June 2024
The Works Council in 2024
Companies with 50 or more employees are required by law to have a Works Council. In December 2023, the Minister reported that only 69% of such companies have established a Works Council.
Read more
Read more about27 May 2024
A second trial period: is that possible?
Many employers are in the understanding that a trial period can only be validly agreed upon in the first employment contract with the employee. However, this is not always the case.
Read more
Read more about13 May 2024
End of employment due to restructuring
You have your own business and employ up to 50 people. Unfortunately, for business economic reasons, you are forced to restructure and lay off some employees.
Read more
Read more about1 May 2024
The redeployment condition: what can be expected from your employer?
An employment agreement can, in principle, only be terminated if the following conditions have been met:
Read more
Read more about