Employment contract

Why a good employment contract matters

The employment contract is the foundation of every employment relationship. It sets out who performs which duties, for what pay, under what conditions, and how the relationship can end. An unclear or outdated contract more readily leads to disputes about role, bonus, working from home, competition or dismissal.

We help you avoid having to fix afterwards what could have been drafted more sharply beforehand. That applies to start-ups, scale-ups and established businesses alike, and to employees who want an offer or amendment reviewed.

Elements of the employment contract

Besides role, salary and working hours, secondary employment conditions play a major role: holidays, pension, travel expenses, home-working allowance, bonus scheme, options, study costs and intellectual property. Collective labour agreement (CAO) provisions and company regulations can impose additional obligations that the individual contract must fit within.

Our lawyers tailor contracts to your practice: what happens in the event of a reorganisation, illness, probationary period or departure? Which clauses are needed, and which go too far?

Fixed-term and indefinite-term contracts

A fixed-term employment contract ends automatically by operation of law on the agreed date, unless the parties extend it or convert it to an indefinite-term contract. The chain rule limits the number of successive contracts: after three contracts within three years, or after a chain lasting more than three years, an indefinite-term contract generally arises.

We advise on the right contract type, gaps between contracts and extensions, so that you are not unexpectedly tied to a permanent employment relationship, or letting contracts lapse too quickly.

Notification obligation

A notification obligation applies to fixed-term employment contracts of six months or longer. The employer must inform the employee in writing, no later than one month before the end date, whether the contract will be continued and on what conditions. If notification is late or missing, compensation is owed.

We help employers with templates, timing and communication. For employees, we assess whether the notification was correct and what rights they have on extension or termination.

Probationary period

A probationary clause may not be included in a fixed-term employment contract of six months or shorter. For longer contracts and indefinite-term contracts, a probationary period is possible, within statutory limits. Dismissal during the probationary period has its own rules; recent case law (for example around sick-leave notifications during the probationary period) calls for careful consideration.

We draft probationary clauses that hold up and assess whether a dismissal during the probationary period is legally sound, for both employer and employee.

Chain rule and the flexible workforce

Within a period of three years, in principle three fixed-term employment contracts may be entered into. After a gap of more than six months, a new chain begins. Mistakes in building the chain regularly lead to an indefinite-term contract or to disputes about notice periods and the transition payment.

We review contract series, payrolling and staff-hiring structures in connection with secondment and temporary work constructions.

Pay, bonus and secondary conditions

Think of overtime compensation, bonus schemes, option clauses, commission arrangements and rules on expenses or working from home. Practice shows that unclear bonus or target clauses fuel a great many disputes.

We record agreements clearly and check whether arrangements align with the CAO, legislation, and what the parties actually intended in practice.

Non-compete, non-solicitation and confidentiality clauses

A probationary clause, non-compete clause, non-solicitation clause and confidentiality clause do not belong in every contract as standard. See non-compete clause for more detail. We ensure clauses are balanced, in writing and defensible, and fit the role and the company's interests.

WWZ, WAB and model contracts

Since the Work and Security Act (WWZ) and the Balanced Labour Market Act (WAB), stricter rules apply to the chain rule, probationary periods, payrolling and dismissal. Model contracts of an outdated date or from other sectors often no longer fit.

We are happy to draft a WWZ- and WAB-proof contract for you and to update existing agreements and regulations.

For employers and HR

Employers involve us in onboarding management, expats, sales staff and critical roles, in harmonisation after a merger, and in updating management agreements. We work with HR and management on contracts that hold up in the event of dismissal or a dispute.

For employees and professionals

Employees have us review an offer, amendment or settlement agreement before they sign. We look at role, pay, clauses, competition and the financial settlement on departure.

Executives, sales professionals and international professionals value our clear explanations and experience with complex packages, including in English where needed.

Changes and updates during a career

Employment conditions change: promotion, reorganisation, working from home, a new bonus scheme, or a transfer to a different entity within a group. Changes must be recorded in writing and in line with the CAO and company regulations.

We assess proposed changes, mediate in disputes, and draft addenda that hold up in a later dispute over dismissal or pay.

Zero-hours, min-max and on-call contracts

Flexible contract types have their own rules on call-up, minimum hours and the transition payment. Mistakes in on-call agreements lead to disputes about pay, holidays and termination.

We review on-call and min-max contracts and advise employers on planning, and employees on their rights when refusing or facing irregular call-ups.

A practical first step

Do you have a contract ready to sign, or do you want your current agreement reviewed? Get in touch via contact or call +31 10 249 24 44. We discuss scope and planning transparently before starting the work.

International and expat contracts

Expats, cross-border commuters and international professionals often have contracts with foreign entities, secondment clauses or double-taxation aspects. We review English-language contracts and coordinate with international clients where needed.

Documentation and evidence

Besides the written agreement, email, WhatsApp messages, job descriptions and arrangements also count when it comes to interpretation. We take stock of what the parties actually agreed, not only what is on paper.

That is relevant in disputes about bonus, role, working from home or the grounds for dismissal.

Management and directors

Additional arrangements often apply to statutory directors and management: fixed versus variable pay, severance, good leaver / bad leaver provisions, and the relationship with company law.

We draft management agreements that align with the articles of association, shareholder resolutions and tax reality.

We also review whether existing contracts still fit when your status as director-major shareholder (DGA) changes, or when you transfer to a holding structure.

Current contract legislation

The WWZ, the WAB and recent case law on the chain rule, probationary periods and the notification obligation call for periodic review of model contracts, even when you think everything is still in order.

When do you need a lawyer?

For a new contract, a change to employment conditions, a dispute about probationary period, the chain rule, notification, bonus, or a draft you want reviewed before you sign.

Our approach

Practical and legally sharp: first your situation and goal, then the contract or negotiation, with a focus on workable texts.