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Notification required for Dutch fixed term employment contracts as per January 1, 2015

Notification required for Dutch fixed term employment contracts as per January 1, 2015

The duty to notify is being introduced in Dutch employment law:  as per the 1st of January 2015 an employer will be obliged to notify an employee, who works on the basis of a fixed term employment contract, which expires by operation of law as per the termination date, ultimately one month prior to this termination date whether or not the contract will be continued. The notification must be done in writing.

If the employer informs the employee that it wants to continue the employment contract the employer must – also ultimately one month prior to the termination date –  specify the conditions under which the employer wishes to continue the contract.Read more

Non-compete clause no longer allowed in Dutch fixed term employment contracts

Non-compete clause no longer allowed in Dutch fixed term employment contracts

Non-compete clauses will in principle no longer be allowed in Dutch fixed term employment agreements as per the 1st of January 2015.

At the moment it is still allowed to include a non-competition clause in any employment agreement, regardless whether it is an employment agreement for a definite period or an indefinite period. However, as per the 1st of January 2015 it will in principle be merely possible to include a non-competition clause in a permanent employment contract.Read more

Probationary period no longer allowed in Dutch short-term employment contract as per the 1st of January 2015

Probationary period no longer allowed in Dutch short-term employment contract as per the 1st of January 2015

Probationary periods are no longer allowed in Dutch fixed term employment contracts of up to six months as per the 1st of January 2015.

At the moment it is still allowed to include a probationary period in each fixed term employment contract, regardless of the duration of the contract. Under the current law for fixed term contracts of less than two years it is allowed to include a probationary period of one month. That period may be extended to two months in a CLA. For permanent employment contracts or fixed term contracts of two years and longer it is currently allowed to agree upon a probation period of two months.Read more

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