In addition to the standard agreements about wages and position, an employment contract often also includes a number of special clauses. The main three are covered below.
In determining whether there is an employment contract, it is not the written agreement that is decisive, but the actual situation. However, an employer can only invoke the stipulations discussed below if they have been agreed in writing!
Probation clause
Your new employer can include a probationary period clause in your employment contract. The probationary period is intended to evaluate afterwards whether both parties are satisfied with the employment. The core of the probationary period clause is that different rules apply to the termination and termination of the employment contract. Both parties are free to do so during the probationary period, without giving any reason. There is also no longer a notice period.
There are a number of requirements attached to the probationary period clause. This must be agreed in writing. There can be no probationary period with an employment contract that lasts less than 6 months. Furthermore, the probationary period may last a maximum of one month for an employment contract of less than 2 years and a maximum of 2 months for an agreement of longer than 2 years.
Non-competition and non-solicitation clause
The competition thing limits your freedom to enter into an employment contract with whomever you want, after your previous employment. The purpose of the clause is that you cannot simply start working for a direct competitor of your previous employer. However, the clause is only enforceable if it has been agreed with an adult employee in an employment contract for an indefinite period. In the case of a fixed-term employment contract, the employee is only bound by the non-competition clause if the employer has motivated this sufficiently and accurately in the agreement. The court can then annul this clause if this is not the case.
Your former employer cannot invoke the clause if the termination of the employment contract is due to seriously culpable acts or omissions on the part of the employer. You are then free to enter employment wherever you want.
There is also the relationship clause. This prohibits you as an employee from doing business with relations of your previous employer after employment.
Penalty clause
The law states that employer and employee can agree on a penalty in writing. This clause is only valid if a clear description is included in violation of which regulations a fine can be imposed. Your employer does this in the first instance to ensure compliance with certain rules and regulations in the workplace. This can also be determined by collective labor agreement.
The penalty clause always states the amount that can be imposed per violation of prescribed rules. In addition, the employer may not benefit from the fine , but must, for example, go to a good cause. For example, the employer does not benefit from the imposition of the fine and only imposes it when this is strictly necessary.
Your employer may not impose a fine or demand compensation for the same act. As a result, the employer must always consider whether damage suffered or a violation is attributable to you as an employee.
The lawyers of Arslan Lit Advocaten have extensive experience in handling employment law cases on behalf of employers. For questions about what Arslan Lit Advocaten can do for you, please email us ( info@arslanlitadvocaten.nl ) or call us on 020 223 24 66. We are happy to assist you.
