An employment contract is a contract that outlines an employee's commitment to carry out work for the employer in return for a salary. That means the employee is under the authority of the employer.
If one of these elements – labour, salary, or authority – is missing, it isn't an employment contract, but it might be something like a contract for services (self-employed person), volunteer agreement, or internship agreement. The line between the various agreements is razor thin, and the consequences of misclassification are far-reaching, so it's crucial to properly define your relationship with a worker.
Written employment contracts aren't mandatory, but they’re very common. It's the best way to clarify agreements, and beyond that, some agreements are only valid if they're agreed in writing – things like probationary periods and non-competition clauses.
The employment relationship between employer and employee is governed by mutual employment law obligations. These are just some of the topics our specialists at L&A Advocaten advise and litigate on:
- Employment contracts and other types of employment agreements
- Working hours
- Fixed and variable remuneration
- Bonus schemes
- Probation
- Post-contractual obligations, such as non-competition and non-solicitation clauses
- Individual dismissal law
- Legally mandated and voluntary transitional compensation and fair compensation
- Various types of leave
- Collective Labour Agreement
- Pension
- Changes to employment terms
- Other terms and conditions of employment