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No Employment Agreement Template for Netherlands

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Key Requirements PROMPT example:

No Employment Agreement

"I need a No Employment Agreement for a senior software developer contractor who will work on our fintech project starting March 2025, with specific provisions for intellectual property rights and the ability to work remotely from anywhere in the Netherlands."

Document background
This No Employment Agreement is essential for businesses operating in the Netherlands that engage independent contractors for various professional services. The document is specifically designed to comply with Dutch legislation, including the Wet DBA and related tax regulations, while clearly establishing the independent nature of the relationship. It includes critical provisions that help distinguish the arrangement from an employment relationship, such as the contractor's autonomy, ability to work for multiple clients, and responsibility for their own business operations. The agreement is particularly important given the increased scrutiny of contractor relationships by Dutch tax authorities and the need to avoid potential misclassification of employment relationships.
Suggested Sections

1. Parties: Identification of the Client and the Independent Contractor, including full legal names, addresses, and registration numbers

2. Background: Context of the agreement and confirmation of independent contractor status

3. Definitions: Key terms used throughout the agreement

4. Nature of Relationship: Clear statement that this is not an employment relationship and specific factors establishing independent contractor status

5. Services: Detailed description of the services to be provided, including scope and deliverables

6. Term and Termination: Duration of the agreement and termination provisions

7. Fees and Payment: Payment terms, including VAT (BTW) arrangements and invoice requirements

8. Performance and Working Methods: Contractor's autonomy in performing services and control over working methods

9. Equipment and Resources: Responsibility for providing tools, equipment, and resources

10. Insurance and Liability: Required insurance coverage and limitation of liability provisions

11. Intellectual Property: Ownership and transfer of IP rights in work products

12. Confidentiality: Protection of confidential information

13. Data Protection: Compliance with GDPR and Dutch data protection laws

14. Non-Solicitation: Restrictions on soliciting client's employees or customers

15. Governing Law and Jurisdiction: Application of Dutch law and jurisdiction

Optional Sections

1. Substitute Provision: Right to provide a substitute - include when contractor may need to delegate work

2. Multiple Clients Declaration: Confirmation that contractor works for multiple clients - include to strengthen independent status

3. Specific Industry Compliance: Include when services are in regulated industries requiring specific compliance measures

4. Non-Competition: Include when protecting client's business interests is crucial, but must be carefully limited

5. Client Property: Include when contractor needs access to client's property or facilities

6. Quality Standards: Include when specific quality standards or certifications must be maintained

7. Force Majeure: Include when specific provisions for unforeseen circumstances are needed

8. Anti-Bribery and Corruption: Include for high-value contracts or when working with public sector

9. Warranties: Include when specific warranties about contractor's qualifications or capabilities are required

Suggested Schedules

1. Schedule 1 - Services Description: Detailed specification of services, deliverables, and performance criteria

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, payment structure, and expenses

3. Schedule 3 - Independent Contractor Checklist: Checklist confirming factors that establish independent contractor status

4. Schedule 4 - Required Insurance Coverage: Specific insurance requirements and coverage levels

5. Appendix A - Data Processing Agreement: Required when personal data processing is involved

6. Appendix B - Service Level Agreement: Optional - specific performance metrics and service levels

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions









































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Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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