Labor law regulates the relationship between employer and employee. The basic principle is that the employer and employee can make agreements about all kinds of subjects themselves. However, the law also provides rules that, often for the protection of the employee, cannot be deviated from in an employment contract.
Drafting employment contract
If the employer and employee do not agree on something, the general statutory rules apply. The employer and the employee may not deviate from certain legal rules, regardless of what has been agreed. For example, there are legal rules about the [length of] probationary period, the non-competition clause, summary dismissal, and the manner in which the employment contract is terminated.
On 1 July 2015, a number of substantial changes were made to Dutch employment law. The most important relate to the manner of termination of the employment contract and the payment of a transition payment by the employer if the employment contract has lasted longer than 2 years. The transition payment has replaced the severance payment that was calculated on the basis of the so-called Cantonal Judges formula. The transition payment depends, among other things, on the last gross salary received and the total working hours.
Conflicts between employer and employee
In case of conflicts between employer and employee, it is always important, especially in employment law, that the lawyer obtains clarity about exactly what the parties want from each other. As soon as this has been mapped out, it can be determined what the best solution is within the framework of employment law.