Imagine your business is doing well, and you want to hire someone. What are the essentials to consider before hiring an employee?
Questions to consider
- Fixed term vs. permanent contract: how long should the contract be?
- Trial period: a trial period is possible for contracts longer than six months and can be a maximum of two months.
- Flexible vs. fixed hours: do you want an employee with fixed hours per week/month or someone you can call when there's work available? N.B.: The Dutch government is planning to banish flexible (on-call) contracts, which might take effect as soon as 2025.
- Is there a collective labour agreement (CAO) in force in your industry?
- Benefits: how many additional holidays will the employee get? Will overtime be paid? Will the employee receive any bonus or additional salary (so-called '13th-month salary')?
- Non-compete clause? A non-compete clause is prohibited in fixed-term contracts unless 'legitimate business interests' are at stake.
These are just a few questions to consider before hiring an employee, which must be set out in an employment contract. Having a solid employment contract in place when hiring employees is crucial for establishing transparency and helps prevent misunderstandings and disputes.
Hiring a lawyer
Hiring a lawyer to draw up the employment contract significantly benefits both the employer and the employee. I can help ensure that the contract is comprehensive, compliant with current employment laws, and tailored to the specific needs of your business.
In short, a lawyer-crafted employment contract provides peace of mind, ensures that all legal bases are covered, and contributes to creating an amicable employment relationship.