Welcome to Omnipresent’s guide on tailoring employment contracts in the Netherlands. Our goal is to simplify the customization process while ensuring legal compliance and operational efficiency. This article will guide you through various options to align your employee contracts with the unique needs of your business.
Customizable elements:
Contract terms
Contract Duration: Options include indefinite, fixed-term, or part-time contracts.
Seniority recognition: You can acknowledge an employee’s previous years of service. However, if the person was previously hired as a contractor, we will not be able to recognize the seniority.
⚠️ Keep in mind that the recognition of seniority will have an impact on the length of notice periods. As service length increases, so does the statutory notice period, potentially impacting termination conditions.
Probation periods: The probationary period can extend up to a maximum of two months and may vary based on the duration and type of the contract.
Notice period: The usual notice period for an employee is 1 month, but it can be extended up to 6 months if agreed upon. If it's extended beyond 1 month, the employer must give notice that is at least twice as long as the employee's notice period.
Restrictive covenants: Non-compete and non-solicit clauses are permissible, provided their duration remains reasonable, not exceeding one year.
Work arrangements
Flexible work arrangements: Choose from fixed, mixed, or fully flexible hours.
Place of work: Decide between remote work or office attendance.
Compensation and perks:
Additional allowances: Offer specific monthly allowances (e.g., wellness, internet).
Joining bonus: Provide a sign-on bonus, compliant with Omnipresent’s standards.
Annual leave: Options include statutory entitlement, additional days off on top of the statutory entitlement or unlimited time off.
Sick leave: Options from statutory sick leave to enhanced terms.
Equipment provisions: Agreement on equipment is included in the annex attached to the employment contract.
Items for separate side agreements:
IP/Confidentiality clauses: Standard clause included; customization requires a separate agreement.
Reimbursement of expenses: Not specified in the contract.
Equity/Stock Options: Agreement on stock options to be made outside the contract.
Variable compensation: Include bonuses, commissions, or other compensation plans.
Employee Travel: Occasional travel is covered by the employment contract and is subject to legal and operational feasibility. All related details and expenses are to be covered by the client.
Parental leave: Facilitate enhanced maternity, paternity, and parental leave entitlements. Although we can facilitate this, it will not be mentioned in the employment contract.
Non-customizable areas:
Backdating start dates: Not permissible to cover work prior to joining Omnipresent.
Salary in foreign currency: Salaries are provided in EUR as per local regulations.
Overtime payments: Not included as per Omnipresent’s policy.
Payroll frequency: Monthly.
Salaries for hourly employees: Omnipresent currently does not support hourly salary structures.
Important note: It's important to mention that while you have multiple options for customizing the content of the contract, any stylistic alterations to the contract’s format or presentation are not allowed. This measure is in place to maintain the standardization and legal integrity of the contract.
Frequently Asked Questions
Can I include night shifts in flexible work arrangements?
=> No, night shifts are not supported under flexible work arrangements.
Conclusion
Omnipresent is committed to providing flexible, legally compliant employment contract options for your Netherlands-based employees. We hope this guide assists you in effectively customizing your contracts to suit your business needs.