Employment Agreement for Netherlands

What's prohibited

• Probationary period in a fixed-term contract of 6 months or less

  Article 7:652(4) BW renders a probationary period void (nietig) in employment contracts for a definite period of 6 months or less.

• Unequal probationary period for employer and employee

  Article 7:652(1) BW requires the probationary period to be the same for both parties. An unequal probationary period renders the clause void.

• Non-compete clause in a temporary employment contract without written justification

  Since the WWZ (Wet werk en zekerheid, 2015), a non-compete clause (concurrentiebeding) in a temporary employment contract is only valid if the employer provides a written justification demonstrating that the clause is necessary due to substantial business or service interests (Article 7:653 lid 2 BW). Without this justification, the clause is void.

• Waiver of transition payment (transitievergoeding) in the employment contract

  The right to a transition payment under Article 7:673 BW is a mandatory employee right. A contractual waiver in the employment contract itself is void. A waiver is only possible in a settlement agreement (vaststellingsovereenkomst) upon actual termination.

Other contracts for Netherlands