If your company hires an employee or you want to employ yourself in your company, you should have an employment contract in place. This agreement contains among other things the terms to end the agreement, employment right such as sick days and vacation days and other special agreements such as compensation for a lease car. Because employees are usually the most valuable asset in any business and conflicts with employees can be very costly and damaging for your business’ reputation, you should arrange and document your agreements with your staff well.
Custom-made Employment contract
Dutch and English copy of the Employment contract
Fully compliant with Dutch and EU rules
The employment contract (or labour contract) is one of the most common contracts in a business. It is also one of the most heavily regulated ones. Meaning that an employer is not allowed to put whatever clause in the agreement. Instead, labour laws are strict and first and foremost protect the worker. The employment contract should not cross with the Dutch civil law. Neither should it deviate from the collective labour agreement (CAO) that applies to many industries in the Netherlands.
That depends a bit on what you find important and whether you are an employee or employer yourself. The following points are often regarded as important issues:
If you are employing yourself or any staff in your company. This can be both in case of a BV (limited company) and a sole proprietorship or general partnership. In case of a BV, the major director-shareholder is employed in the BV and owns more than 5 percent of the shares in the company. To formalise the relationship to the BV, an employment agreement is drafted.
This contract service covers both temporary and permanent positions. And both full-time and part-time.
As I understand it, the employment agreement you are mentioning is a permanent / open-ended one. This means the probationary period is a maximum of 2 months. after those 2 months you should know whether you want to hold on to the employee or if you would rather terminate the agreement.
It is understandable from the perspective of the employer that one wants to extend the probation period. However, this is actually one of the areas where the employee enjoys loads of protection. The law is strict on the probation period which is why a 2 month period is absolutely max when it concerns a permanent contract.
A solution would logically be to convert the open-ended contract into a fixed-term contract. However, changing the employment contract during the probationary period can be seen as abuse of the probationary period. The probationary period may in no way be longer than permitted by law. If it turns out that the employment contract is being amended or converted in order to extend the probationary period, this is never allowed.
There is some jurisprudence that could work in your favour on these types of matters. In a ruling, a judge considered whether a fixed-term contract could be offered to an employee, after the permanent contract was terminated during the probationary period. After the employer terminated the employment contract for an indefinite period during the probationary period, the employee asked for a second chance. A new fixed term employment contract was then offered. The judge ruled that the probationary period clause was not abused here. A factor in this case was the fact that the employer had offered the new employment contract (to give the employee a second chance), at the employee’s request.
In short, it depends on the specifics of the case whether this would be legal or not. I would be very careful with trying to convert the contract or offer a new one. If done as described above it might be possible, but I would recommend to, one way or another, figure out if the employee is the right fit.
After you have fulfilled the checkout process, we will send you a form where you will out a few details about yourself, your company and your company structure. Once this has been filled out we will start working on your Employment contract. This takes on average 1-2 working days.
The total price is:
If you want to make sure you have all your Dutch legal paperwork in order, we can help you out. Fill out our compliance quote form and we will contact you as soon as possible.