The Probation Employment Contract is a fundamental document used in the Netherlands when initiating new employment relationships. It serves as a legal framework for the initial period of employment, allowing both the employer and employee to evaluate the suitability of the arrangement. This contract type is governed by Dutch employment law, particularly the Dutch Civil Code (Burgerlijk Wetboek), which stipulates specific requirements regarding maximum probation periods (two months for permanent contracts, one month for temporary contracts), notice periods, and mandatory employment terms. The document is essential for establishing clear expectations, responsibilities, and terms of employment while ensuring compliance with Dutch labor regulations, including working hours, leave entitlements, and minimum wage requirements. It's particularly relevant when organizations are hiring new employees and want to include a formal probationary period before confirming long-term employment.
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1. Parties: Identification of the employer and employee with full legal names and addresses
2. Background: Brief context about the employment relationship and purpose of the probationary contract
3. Definitions: Key terms used throughout the contract
4. Position and Duties: Job title, role description, and primary responsibilities
5. Commencement and Duration: Start date, length of probationary period, and conditions for permanent employment
6. Working Hours and Location: Specified working hours, days, and primary work location
7. Salary and Benefits: Compensation details, payment frequency, and additional benefits
8. Holiday Entitlement: Annual leave allowance and holiday pay arrangements
9. Sick Leave: Sick leave policy and reporting procedures
10. Notice Period: Required notice periods for termination during and after probation
11. Confidentiality: Obligations regarding company confidential information
12. Company Property: Provisions regarding use and return of company equipment
13. Governing Law: Specification of Dutch law as governing law
14. Signatures: Execution blocks for both parties
1. Non-Competition Clause: Restrictions on working for competitors - optional but common for senior positions
2. Intellectual Property Rights: IP assignment provisions - relevant for creative or technical roles
3. Remote Working Arrangements: Specific provisions for remote work - relevant if hybrid/remote work is offered
4. Collective Labor Agreement: Reference to applicable CLA - only if the company falls under a CLA
5. Performance Targets: Specific KPIs or targets - relevant for sales or performance-based roles
6. Training and Development: Provisions for required training or development programs - relevant if specific qualifications are needed
7. Company Car/Travel Allowance: Transportation benefits - relevant if travel is required or car is provided
8. Bonus Scheme: Details of any bonus arrangements - relevant for roles with variable compensation
1. Job Description: Detailed description of the role, responsibilities, and reporting lines
2. Company Policies: Key company policies that form part of the employment terms
3. Benefits Package: Detailed overview of all benefits and allowances
4. IT and Communications Policy: Rules regarding use of company IT systems and communication tools
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