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Dual Employment Contract for the Netherlands

Dual Employment Contract Template for Netherlands

A Dual Employment Contract under Dutch law is a specialized agreement that establishes and governs two distinct employment relationships between the same employer and employee. This comprehensive document outlines separate roles, responsibilities, working hours, and compensation structures while ensuring compliance with Dutch employment legislation, including the Dutch Civil Code (Burgerlijk Wetboek), Working Hours Act (Arbeidstijdenwet), and relevant social security and tax regulations. The contract carefully balances the requirements of both positions while maintaining legal compliance regarding maximum working hours, rest periods, and other statutory employment rights.

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What is a Dual Employment Contract?

The Dual Employment Contract is used when an organization needs to formally establish two separate employment relationships with a single employee under Dutch law. This arrangement is particularly relevant when an employee performs distinct roles within the organization that require separate terms, conditions, and compensation structures. The document comprehensively addresses both employment relationships while ensuring compliance with Dutch employment legislation, including working hours limitations, minimum rest periods, and proper allocation of benefits. It includes detailed specifications for each role, including working hours, compensation, reporting lines, and responsibilities, while maintaining compliance with the Dutch Civil Code and related employment regulations. This type of contract is commonly used in situations involving matrix management structures, part-time arrangements across departments, or when combining operational and management roles.

What sections should be included in a Dual Employment Contract?

1. Parties: Identification of the employer and employee entering into the dual employment contract

2. Background: Context explaining the reason for dual employment and the relationship between the two positions

3. Definitions: Key terms used throughout the agreement, including specific definitions related to each role

4. Primary Employment Terms - Position 1: Details of the first position including job title, duties, and reporting structure

5. Primary Employment Terms - Position 2: Details of the second position including job title, duties, and reporting structure

6. Working Hours and Schedule: Specification of working hours for each position and how they are distributed, ensuring compliance with Working Hours Act

7. Compensation and Benefits: Detailed breakdown of salary, benefits, and allowances for each position and in aggregate

8. Leave Entitlements: Holiday, sick leave, and other leave entitlements across both positions

9. Performance Evaluation: Process for evaluating performance in each role and overall

10. Confidentiality and IP: Confidentiality obligations and intellectual property rights applying to both positions

11. Termination Provisions: Conditions and procedures for terminating either or both employment relationships

12. Governing Law: Confirmation of Dutch law application and jurisdiction

13. Signatures: Execution section for all parties

What sections are optional to include in a Dual Employment Contract?

1. Non-Competition Clause: Include if restrictions on competing activities are required, specific to either role

2. Mobility Clause: Include if either position requires travel or potential relocation

3. Training and Development: Include if specific training requirements or development paths are associated with either role

4. Company Property: Include if employee will be provided with specific equipment or resources for either role

5. Bonus Arrangements: Include if performance-based bonuses apply to either position

6. Additional Benefits: Include if providing benefits beyond statutory requirements

7. Works Council Provisions: Include if employee falls under works council representation

8. Cross-Default Provisions: Include to specify whether breach in one contract affects the other

What schedules should be included in a Dual Employment Contract?

1. Schedule 1 - Job Descriptions: Detailed job descriptions for both positions

2. Schedule 2 - Working Hours Schedule: Detailed breakdown of working hours and schedule for each position

3. Schedule 3 - Compensation Structure: Detailed breakdown of compensation elements for each position

4. Schedule 4 - Company Policies: Relevant company policies applying to either or both positions

5. Schedule 5 - Benefits Overview: Detailed description of benefits package for each position

6. Appendix A - Code of Conduct: Company's code of conduct applicable to both positions

7. Appendix B - Confidentiality Agreement: Detailed confidentiality terms applicable to both positions

Authors

Alex Denne

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

Jurisdiction

Netherlands

Publisher

Genie AI

Document Type

Employment Contract

Cost

Free to use

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