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 clauses discussed below if they have been agreed in writing.

Probation clause

When hiring a new employee, you can include a probationary period clause in the 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 reasons. 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.
  • The probationary period may also last a maximum of one month with an employment contract shorter than 2 years and a maximum of 2 months with an agreement for longer than 2 years.

Are you not satisfied with the performance of your new employee during the probationary period? In that case, you are free to terminate the employment contract within the probation period without stating reasons.

Non-competition and non-solicitation clause

The competition thing limits the freedom of your employee to enter into an employment contract with whomever he wants, after the previous employment. The purpose of the clause is that he cannot simply start working for a direct competitor of yours. 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 you as the employer have motivated this sufficiently and accurately in the agreement. The court can then annul this clause if this is not the case.

There is also the relationship clause. This prohibits your employee from doing business with relations of yours after employment.

It is important to include such clauses in the employment contract. If you don’t do this, you run the risk that your old employee will take customers or use his knowledge to work for a competitor. In case of a conflict about these clauses, always contact an employment lawyer!

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. For you as an employer, this is an instrument to initially guarantee 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, you as an employer do not benefit from the imposition of the fine and you only impose it when this is strictly necessary.

The lawyers of Arslan Lit Advocaten have extensive experience in handling employment law cases on behalf of the employer. 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.