A CAO (collectieve arbeidsovereenkomst) is a written agreement on working conditions and social benefits drawn up by employers, employers` associations and workers` organisations (e.B trade unions). A CAO operates at the company or industry level and regulations (e.g. B, the number of public holidays) are often more generous than the legal requirements. It should be indicated in your employment contract if a CAO is applicable; It is not necessary to be a member of a union to benefit from it. If the permit is granted, the employer may deduct the time required by the UWV or the collective redundancy committee to process the application from the notice period applicable to at least one month. In employment contracts, the parties often refer to the statutory notice period, which is one month for the employee. The employer`s statutory notice period depends on the duration of the employment: one month for employment contracts of less than five years` duration; two months for contracts of between five and 10 years` duration; three months for contracts of 10 to 15 years; and four months for contracts with a duration of more than 15 years. The parties may also agree on a different notice period, a maximum of six months for the employee, but in this case, the employer`s notice period must be twice as long as that of the employee. Payment instead of termination is not allowed.

1.4 Are there clauses in employment contracts? (1) Minimum age for employment (from 13 years with restrictions; from 18 years – no restrictions); Restrictive covenants can be enforced through legal action. At the request of the employee, the court has the power to annul agreements on the grounds that they cause an undue disadvantage. Conversely, the employer can apply for an injunction if the employee does not take into account the restrictive agreement. The judge seeks to balance the interests of employers (i.e., client maintenance) with the interests of employees (i.e., free choice of employment). However, according to Article 7:655 of the Dutch Civil Code, the employer must inform the employee in writing within one month of the start of the employment contract of the following: A contract with a recruitment agency (uitzendbureau) is a less common form of employment contract. You enter into an agreement with a recruitment agency that they are your legitimate employer and salary provider, even if you will be working for a third party. It is important to note that there is limited protection against dismissal in such contracts. Your notice period depends on several things: the nature of your contract, whether you are still on probation and the specific agreement with your employer. As a general rule, the notice period on your part is 1 calendar month, unless otherwise agreed with the employer.

During the month of termination, you are still obliged to work normal working hours. If you wish to cancel during your trial period, you can do so immediately and your employment ends at that time. If you have worked for the same employer for more than 5 years, your notice period is 2 months and increases by one month with another 5 years of service. The transitional payment is not age-related and amounts to one third of the monthly salary for each year of service (including additional days or months on a pro rata basis). Monthly salary means a gross monthly salary plus monthly average variable earnings and benefits in the 36 months preceding the termination of employment. The payment is set at a maximum of € 84,000 gross or annual salary for employees earning more than this amount. When concluding an employment contract, employers and employees can agree on higher, but not lower, remuneration. Dutch law does not require a formal written employment contract. An employment contract is considered concluded as soon as: Our labour law specialists can help you draft new employment contracts and check whether the current agreements are relevant to the employment situation in the Netherlands. We also regularly advise and advocate on issues relating to the termination of employment contracts and non-competition clauses.

For more information or advice, please contact Jaap Wijnja. Employers must prove that it is not possible to transfer an employee – even after training – to another suitable position within the company or group. If another suitable position is available, the employer must offer it to the employee. In such a case, the employer does not have the right to terminate the employment contract. If there are anything you don`t know or agree with, you should discuss them with the company before signing. If you are particularly worried or confused, seek advice from a lawyer or labor law specialist. .