Dual Employment Agreement Template for Netherlands

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Dual Employment Agreement

"I need a Dual Employment Agreement for a software developer who will split their time 60/40 between our Netherlands and UK offices starting March 1, 2025, with emphasis on data protection compliance and clear allocation of IP rights between the two roles."

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What is a Dual Employment Agreement?

The Dual Employment Agreement is specifically designed for situations where an employee takes on two distinct roles, either within the same organization or between related entities in the Netherlands. This arrangement is common in scenarios such as matrix organizations, joint ventures, or when specialized expertise is needed across different departments or affiliated companies. The document complies with Dutch employment law requirements and includes detailed provisions for working hours allocation, separate compensation structures, benefits distribution, and distinct responsibilities for each role. It ensures proper management of potential conflicts of interest and clear delineation of duties while maintaining compliance with Dutch labor regulations, particularly regarding maximum working hours and minimum rest periods. This type of agreement is particularly relevant in modern workplace settings where flexibility and cross-functional roles are increasingly common.

What sections should be included in a Dual Employment Agreement?

1. Parties: Identification of the employer(s) and employee, including full legal names, addresses, and registration details

2. Background: Context of the dual employment arrangement and the relationship between the two positions

3. Definitions: Key terms used throughout the agreement, including specific definitions related to dual employment

4. Commencement and Duration: Start date and duration of both employment relationships

5. Position and Duties: Description of both roles, responsibilities, and reporting lines for each position

6. Working Hours and Location: Specification of working hours, days, and locations for each position, ensuring compliance with working time regulations

7. Salary and Benefits: Compensation details for each position, including how benefits are allocated between the roles

8. Holiday and Leave Entitlements: Vacation, sick leave, and other leave entitlements, including how they are calculated and applied across both positions

9. Confidentiality and IP: Obligations regarding confidential information and intellectual property for both roles

10. Non-Competition and Non-Solicitation: Restrictions on competing activities and solicitation, considering both roles

11. Termination: Conditions and procedures for terminating either or both employment relationships

12. Governing Law: Specification of Dutch law as governing law and jurisdiction

What sections are optional to include in a Dual Employment Agreement?

1. Mobility Clause: Required when the employee may need to work at different locations or be transferred between positions

2. Training and Development: Include when specific training requirements or career development paths are part of either role

3. Performance Management: Include when specific performance metrics and review processes need to be defined for each role

4. Collective Agreements: Required when either position is subject to collective bargaining agreements

5. International Assignment: Include when one or both positions involve work in different countries

6. Data Protection: Required when the roles involve processing personal data or when additional privacy considerations apply

7. Company Policies: Include when referring to specific company policies that apply differently to each role

What schedules should be included in a Dual Employment Agreement?

1. Schedule 1 - Job Descriptions: Detailed description of responsibilities and requirements for each position

2. Schedule 2 - Compensation and Benefits Overview: Detailed breakdown of salary, benefits, and allowances for each position

3. Schedule 3 - Working Hours Schedule: Detailed timetable showing allocation of hours between the two positions

4. Schedule 4 - Company Policies: Relevant company policies applicable to each position

5. Appendix A - Performance Criteria: Specific performance metrics and targets for each role

6. Appendix B - Training Requirements: Required qualifications and ongoing training requirements for each position

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

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