An employment contract forms the basis of the legal relationship between the employer and the employee. However, it is not always clear in all cases if a valid employment contract is in effect. Specific legislation and regulations apply to employment contracts which do not apply to other forms of cooperation, such as a contract for services. It is therefore important to know whether or not an employment contract is in effect. The Employment Law department of AK Advocaten deals with employment law in the broadest sense. We can advise you about the entering into and drawing up of an employment contract, as well as the termination thereof. We can also bring proceedings on your behalf regarding all possible employment law issues.
Employment contract for a fixed and indefinite period
The form of the contract depends on the practical requirement of the employer and sometimes also of the employee. There are employment contracts that are valid for either a fixed period or an indefinite period. At the drawing up of the contract, it must be taken into consideration that different statutory rules apply to an employment contract for an indefinite period than for an employment contract for a fixed period. For example, (the duration of) the notice period, options for termination and probationary period are different. In addition to terms and conditions of employment, other important clauses such as a non-competition clause and a unilateral changes clause can be included in the employment contract. Although an employment contract does not have to be recorded in writing, we do advise you to do this.
In some cases there is a need for flexible labour, whereby the number of hours is not (entirely) certain. There are various forms of flexible working relationships, such as a temporary employment contract, on-call contract, zero hours contract, agreement to contract, min-max contract and payroll construction.
Every contract for employment has pros and cons. Different rules and risks must be taken into consideration. All this can have far-reaching consequences for you, and it is therefore recommended that you receive advice in advance from AK Advocaten. We are experienced in the assessment of existing contracts. For example, the contents of the contract must be brought in accordance with the law and the collective labour agreement, relevant clauses must be stated and the correct terms and conditions of employment must be referred to. If necessary we will draw up a new employment contract for you, which will suit the company better.
Termination of the employment contract
Discussions about the contract often only arise at the (intention of) termination of an employment relationship
or in the case of a troubled employment relationship. A contract which states in writing that it is a contract for services can in practice still be an employment contract. The Tax and Customs Administration can also argue that it is a notional employment contract; in that case, an employment relationship exists between the client and a contractor, in the course of which the same rules must be applied for the deduction from the wages as are applied in case of real employment relationships.
We advise you to contact us in a timely manner, so that we can provide you with preventative advice at an early stage in the event of a looming labour dispute. At a later stage, you will be able to rely on our assistance during termination processes and assistance during the implementation thereof.
Please contact us.