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Employment Service Contract Template for Netherlands

A comprehensive employment service contract governed by Dutch law, designed to establish and regulate the employment relationship between an employer and employee in the Netherlands. This document incorporates mandatory requirements under Dutch labor law, including those specified in the Dutch Civil Code (Burgerlijk Wetboek), particularly Book 7, and complies with relevant employment legislation such as the Working Hours Act and Working Conditions Act. It covers essential elements including position details, compensation, working hours, leave entitlements, and termination provisions, while ensuring alignment with Dutch employment protection regulations and social security requirements.

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What is a Employment Service Contract?

The Employment Service Contract serves as the primary legal document establishing an employment relationship under Dutch law. It is used when hiring permanent or fixed-term employees in the Netherlands and must comply with strict Dutch employment legislation, including the Dutch Civil Code and various employment-related acts. This contract type is essential for documenting the agreed-upon terms and conditions of employment, including role responsibilities, compensation, working hours, and benefits. It includes mandatory provisions required by Dutch law while allowing for customization based on specific employment circumstances. The document ensures both employer and employee understand their rights and obligations, while providing protection for both parties in accordance with Dutch employment regulations.

What sections should be included in a Employment Service Contract?

1. Parties: Identification of the employer and employee with full legal names and addresses

2. Background: Brief context of the employment relationship and purpose of the agreement

3. Definitions: Key terms used throughout the contract

4. Position and Duties: Job title, role description, responsibilities, and reporting structure

5. Commencement and Duration: Start date, term of employment (fixed/indefinite), and probationary period if applicable

6. Working Hours and Location: Standard working hours, work location, and flexibility arrangements

7. Salary and Benefits: Base salary, payment frequency, holiday allowance, and other standard benefits

8. Leave Entitlements: Annual leave, public holidays, and other statutory leave rights

9. Illness and Incapacity: Sick leave procedures and sick pay arrangements

10. Confidentiality: Protection of company confidential information and trade secrets

11. Intellectual Property: Ownership and rights regarding work-created intellectual property

12. Data Protection: Employee data processing and privacy provisions under GDPR

13. Notice Period: Notice requirements for termination by either party

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

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

1. Bonus Scheme: Details of performance-related bonuses or commission structures, used when offering variable compensation

2. Company Car: Terms for provision and use of a company car, if applicable

3. International Work: Provisions for international travel or assignments, if role requires travel

4. Non-Competition: Post-employment competition restrictions, if justified by position

5. Training and Development: Specific training requirements and study cost arrangements, if applicable

6. Flexible Working: Remote work or flexible hours arrangements, if offered

7. Share Options: Details of any share option or equity participation schemes

8. Collective Agreement: Reference to applicable collective agreement (CAO) if relevant

What schedules should be included in a Employment Service Contract?

1. Schedule 1 - Job Description: Detailed description of role, responsibilities, and performance expectations

2. Schedule 2 - Remuneration Details: Comprehensive breakdown of salary components and benefits

3. Schedule 3 - Company Policies: Key company policies including IT, social media, and code of conduct

4. Schedule 4 - Expense Policy: Rules and procedures for business expense claims

5. Schedule 5 - Privacy Notice: Detailed information about processing of employee personal data

6. Appendix A - Company Equipment: List of company equipment provided to employee

7. Appendix B - Bonus Calculation: Detailed bonus calculation methodology if applicable

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

Placement Agreement

Cost

Free to use

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