Contract Of Employment Driver for the Netherlands

Contract Of Employment Driver Template for Netherlands

This employment contract template is specifically designed for professional drivers under Dutch law, incorporating requirements from both Dutch employment legislation and European Union transport regulations. The document ensures compliance with key legal frameworks including the Dutch Civil Code (Burgerlijk Wetboek), Working Hours Act (Arbeidstijdenwet), and relevant EU driving regulations. It covers essential employment terms including working hours, rest periods, safety requirements, vehicle responsibilities, and specific driving duties, while addressing particular requirements for professional drivers such as license maintenance, qualification requirements, and vehicle handling procedures.

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What is a Contract Of Employment Driver?

The Contract Of Employment Driver is a specialized employment agreement designed for use in the Netherlands when hiring professional drivers. It serves as a comprehensive legal framework for establishing an employment relationship in the transport sector, ensuring compliance with Dutch employment law, EU transport regulations, and industry-specific requirements. This document is essential when engaging drivers for various transport services, whether for goods or passenger transport, and includes specific provisions regarding driving times, rest periods, vehicle responsibilities, and professional qualifications. The contract addresses unique aspects of driving positions while maintaining compliance with Dutch labor laws, making it suitable for both domestic and international transport operations based in the Netherlands.

What sections should be included in a Contract Of Employment Driver?

1. Parties: Identification of the employer and employee with full legal names and addresses

2. Background: Brief context of the employment relationship and purpose of the agreement

3. Definitions: Key terms used throughout the contract

4. Position and Duties: Detailed description of the driver role, responsibilities, and reporting structure

5. Commencement and Duration: Start date, type of contract (fixed-term/indefinite), and probationary period if applicable

6. Place of Work: Primary work location and territory of operations

7. Working Hours and Rest Periods: Regular working hours, shift patterns, and rest periods in compliance with Dutch and EU regulations

8. Salary and Benefits: Base salary, payment period, and mandatory benefits including holiday allowance

9. Overtime and Compensation: Terms for overtime work and associated compensation

10. Leave Entitlement: Annual leave, public holidays, and other leave entitlements

11. Illness and Incapacity: Procedures for reporting illness and sick pay arrangements

12. Vehicle and Equipment: Provisions regarding company vehicle usage, maintenance responsibilities, and equipment

13. Driving License and Qualifications: Requirements for maintaining necessary licenses and professional qualifications

14. Health and Safety: Safety obligations and compliance with transport regulations

15. Confidentiality: Protection of company information and trade secrets

16. Data Protection: Handling of personal data and compliance with GDPR

17. Termination: Notice periods and termination procedures

18. Applicable Law: Confirmation of Dutch law governance and jurisdiction

What sections are optional to include in a Contract Of Employment Driver?

1. Non-Competition Clause: Restrictions on working for competitors after employment ends - optional but common for senior drivers or those with access to client information

2. International Travel: Specific provisions for international driving duties - only needed if role involves cross-border transport

3. Company Phone and Communication Devices: Rules regarding use of company communication equipment - include if company provides such devices

4. Performance Bonuses: Structure of any performance-related pay - include if company has bonus schemes

5. Training and Development: Provisions for additional training and professional development - include if company offers specific programs

6. Company Policies Integration: Reference to specific company policies - include if company has detailed separate policy documents

7. Collective Agreement Application: Reference to applicable collective agreement - include if company falls under transport sector CLA

What schedules should be included in a Contract Of Employment Driver?

1. Schedule 1 - Salary and Benefits Details: Detailed breakdown of compensation package including allowances and benefits

2. Schedule 2 - Vehicle Specifications: Details of assigned vehicle(s) and maintenance procedures

3. Schedule 3 - Route Information: Regular routes or delivery areas if applicable

4. Schedule 4 - Company Rules and Procedures: Specific company policies regarding driving, delivery, and general conduct

5. Schedule 5 - Health and Safety Procedures: Detailed safety protocols and emergency procedures

6. Appendix A - Required Qualifications: List of required licenses, certificates, and qualifications

7. Appendix B - Vehicle Inspection Checklist: Daily/weekly vehicle inspection requirements and reporting procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Netherlands

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Transport and Logistics

Freight Services

Passenger Transport

Courier Services

Moving and Relocation

Wholesale Distribution

Retail Distribution

Construction Materials Transport

Food and Beverage Distribution

Hazardous Materials Transport

Agricultural Transport

Waste Management

Public Transport

Private Transport Services

Relevant Teams

Human Resources

Operations

Fleet Management

Logistics

Compliance

Safety and Risk Management

Training and Development

Transport Planning

Vehicle Maintenance

Dispatch

Administration

Relevant Roles

Truck Driver

Delivery Driver

Bus Driver

Courier Driver

Heavy Vehicle Operator

Transport Driver

Fleet Driver

Distribution Driver

Local Delivery Driver

Long-haul Driver

Shuttle Driver

Private Chauffeur

Transportation Specialist

Mobile Equipment Operator

Commercial Vehicle Driver

Industries
Dutch Civil Code (Burgerlijk Wetboek) - Book 7, Title 10: Contains the fundamental rules governing employment contracts, including terms of employment, rights and obligations of both employer and employee, termination conditions, and notice periods
Working Hours Act (Arbeidstijdenwet): Regulates maximum working hours, rest periods, and break requirements, with specific provisions for the transport sector and professional drivers
Working Conditions Act (Arbeidsomstandighedenwet): Covers workplace health and safety requirements, risk assessment, and prevention measures specific to the transport industry
Regulation (EC) No 561/2006: EU regulation on driving times, breaks, and rest periods for professional drivers, which is directly applicable in the Netherlands
Minimum Wage and Minimum Holiday Allowance Act (Wet minimumloon en minimumvakantiebijslag): Establishes minimum wage requirements and holiday allowance entitlements for employees
Works Councils Act (Wet op de ondernemingsraden): Relevant for companies with 50+ employees, establishing employee representation rights and consultation requirements
Collective Labor Agreement for Professional Goods Transport (CAO Beroepsgoederenvervoer): Industry-specific collective agreement setting additional terms and conditions for professional drivers
Road Transport Working Time Directive (2002/15/EC): EU directive implemented in Dutch law, specifically regulating working time for mobile transport workers
Dutch Road Traffic Act (Wegenverkeerswet): Contains provisions about professional driving licenses, qualifications, and general traffic regulations
General Data Protection Regulation (GDPR/AVG): Regulates the processing of personal data, including driver monitoring systems and personnel administration
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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