The Definite Employment Contract is a fundamental document used in the Netherlands when establishing fixed-term employment relationships. It is specifically designed to comply with Dutch employment law, including the Dutch Civil Code (Burgerlijk Wetboek) and related employment regulations. This contract type is particularly relevant when companies need to hire employees for specific projects, temporary replacements, or when they want to establish an initial working relationship before potentially converting it to an indefinite contract. The document must carefully consider the Dutch chain provision (ketenregeling), which limits the number and duration of consecutive fixed-term contracts. It contains all mandatory elements required by Article 7:655 of the Dutch Civil Code, including position details, working hours, salary, leave entitlements, and notice periods, while also addressing specific terms of the temporary employment relationship.
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1. Parties: Identification of the employer and employee with full legal names and addresses
2. Background: Brief context of the employment relationship and agreement purpose
3. Definitions: Key terms used throughout the agreement
4. Position and Duties: Job title, role description, and main responsibilities
5. Duration and Term: Start date, end date, and any provisions regarding extension or conversion to permanent contract, including chain provision details
6. Probationary Period: Length of probationary period if applicable (max 1 month for contracts of 6 months or longer)
7. Place of Work: Primary work location and any flexibility provisions
8. Working Hours: Standard working hours, days, and schedule
9. Salary and Benefits: Base salary, payment frequency, holiday allowance, and other monetary benefits
10. Holidays and Leave: Annual leave entitlement and public holiday provisions
11. Illness and Incapacity: Sick leave provisions and reporting requirements
12. Pension: Pension scheme participation details if applicable
13. Notice Period: Notice requirements for both parties
14. Confidentiality: Obligations regarding company confidential information
15. Company Property: Provisions regarding use and return of company property
16. Governing Law: Specification of Dutch law as governing law
17. Signatures: Execution section for both parties
1. Non-Competition and Non-Solicitation: Restrictions on post-employment activities - only valid if in writing and with justified business interest
2. Intellectual Property Rights: IP assignment provisions - relevant for creative or technical positions
3. Commission/Bonus Structure: Details of variable compensation - needed if role includes performance-based pay
4. Training and Development: Training agreements and study cost reimbursement - include if specific training requirements exist
5. Remote Working: Provisions for working from home or other locations - relevant for hybrid/remote positions
6. Company Car/Travel Allowance: Transportation benefits - include if offering mobility benefits
7. Collective Labor Agreement: Reference to applicable CLA - required if industry CLA applies
8. Share Options/Incentive Schemes: Details of equity participation - relevant for senior positions or startups
9. International Travel: Provisions for international work - relevant for roles requiring travel
1. Job Description: Detailed description of role, responsibilities, and reporting lines
2. Remuneration Package: Detailed breakdown of salary components and benefits
3. Company Policies: Reference to or summary of key company policies (IT, social media, expenses, etc.)
4. Confidential Information: Specific details of what constitutes confidential information
5. Working Hours Schedule: Detailed breakdown of working days/hours if not standard
6. Employee Handbook Reference: Reference to and key points from employee handbook
7. Data Privacy Notice: GDPR-compliant information about personal data processing
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