The Foreign Employment Contract is essential for Dutch companies hiring employees from abroad or international companies placing employees in their Dutch operations. This document serves as the primary agreement governing the employment relationship under Dutch law, incorporating mandatory provisions from the Dutch Civil Code, Foreign Nationals Employment Act, and related employment legislation. It is specifically designed to address the unique aspects of foreign employment, including work permit requirements, expatriate benefits, and international mobility provisions. The contract ensures compliance with Dutch employment regulations while accommodating the specific needs of international employment relationships, making it suitable for both skilled professionals and specialized workers coming to work in the Netherlands. It includes comprehensive provisions for employment terms, benefits, social security arrangements, and specific expatriate considerations, all within the framework of Dutch employment law.
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1. Parties: Identification of the employer (Dutch entity) and the employee (foreign national), including full legal names and addresses
2. Background: Context of the employment relationship, including the basis for hiring a foreign national
3. Definitions: Key terms used throughout the contract, including specific Dutch legal terms
4. Position and Duties: Job title, role description, responsibilities, and reporting structure
5. Duration and Type of Employment: Whether fixed-term or indefinite, start date, and any probationary period
6. Place of Work: Primary work location and any flexibility or mobility requirements
7. Working Hours: Standard working hours, schedule, overtime arrangements in compliance with Dutch Working Hours Act
8. Salary and Benefits: Base salary, holiday allowance (vakantiegeld), bonuses, and other monetary benefits
9. Holidays and Leave: Annual leave entitlement, public holidays, and other leave rights under Dutch law
10. Illness and Incapacity: Sick leave provisions and salary continuation obligations under Dutch law
11. Confidentiality: Obligations regarding company information and trade secrets
12. Intellectual Property: Ownership and rights to work products and inventions
13. Termination: Notice periods, grounds for termination, and procedural requirements under Dutch law
14. Applicable Law and Jurisdiction: Confirmation of Dutch law application and competent courts
15. Data Protection: Handling of personal data under GDPR and local regulations
1. Expatriate Benefits: Additional benefits for expatriate employees, such as housing allowance, school fees, etc. Include when hiring senior expatriate staff
2. Relocation Assistance: Details of relocation support and associated conditions. Include when offering relocation package
3. Language Requirements: Language proficiency requirements and any language training support. Include when language skills are crucial
4. Work Permit Provisions: Specific provisions related to work permits and residency. Include for employees requiring work permits
5. International Travel: Travel requirements and related compensation. Include for roles involving regular international travel
6. Tax Equalization: Tax arrangements for international employees. Include for senior expatriate positions
7. Training and Development: Specific training commitments and development opportunities. Include when offering formal development programs
8. Post-Employment Restrictions: Non-compete and non-solicitation clauses. Include for senior positions or roles with access to sensitive information
9. Company Car: Vehicle provision and related terms. Include when offering company car benefit
10. Pension Arrangements: Special pension provisions for international employees. Include when offering supplementary pension benefits
1. Schedule 1 - Job Description: Detailed description of the role, responsibilities, and performance expectations
2. Schedule 2 - Remuneration Package: Detailed breakdown of salary components, benefits, and allowances
3. Schedule 3 - Company Policies: Key company policies applicable to the employment relationship
4. Schedule 4 - Expat Benefits Policy: Detailed terms of expatriate benefits and conditions
5. Schedule 5 - Confidential Information: Specific details of what constitutes confidential information
6. Appendix A - Work Permit Requirements: Documentation requirements and procedures for work permit
7. Appendix B - Code of Conduct: Company's code of conduct and ethical standards
8. Appendix C - IT and Social Media Policy: Rules regarding use of company IT systems and social media
9. Appendix D - Expense Policy: Guidelines for business expense claims and reimbursement
10. Appendix E - Emergency Contact Information: Employee's emergency contact details and medical information
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