Hiring

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The regulations of Dutch Labour Law require the employer to provide a written contract of employment, although a legitimate contract of employment is still deemed to exist even without such a written contract.

However, it should be noted that the absence of a written contract is usually advantageous for the employee. By not drawing up a written contract before hiring somebody, the employer misses his chance to stipulate important clauses. For certain clauses, such as a non-competition clause or a probationary period, written consent from the employee is a formal requirement. Contracts of employment may be drawn up in Dutch or in an other language. The use of contracts in other languages is not formally banned. This does not mean that Dutch law is inapplicable.

It should be noted that Dutch Labour Law contains many particularities. In our daily practice we frequently encounter companies using the same contract model in various countries. This appears to be an easy and fair solution, however, this is not often the case. There is a high risk that some of the clauses may be disregarded by the courts. It is very important to draw up a contract that is specifically designed for use within the Netherlands, respecting Dutch law and collective labour agreements. This is neither expensive nor difficult and may be of great assistance.

Subject to certain restrictions’ contracts of employment may be drawn up for a fixed or indefinite term. Fixed term contracts may be renewed under certain conditions. such contracts may however not be renewed indefinitely. The law provides for a system whereby fixed-term contracts become open-ended agreements after a fixed number of renewals.

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