Indefinite Contract Template for the Netherlands

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What is a Indefinite Contract?

This Indefinite Contract template is designed for use in the Netherlands when establishing permanent employment relationships. It serves as a comprehensive agreement that complies with Dutch employment law, including the Dutch Civil Code and the Work and Security Act. The document should be used when hiring permanent employees in the Netherlands, as opposed to fixed-term or temporary contracts. It includes mandatory provisions required by Dutch law such as holiday allowance (vakantiegeld), notice periods, and working hours, while allowing for customization based on specific employment terms. The contract template ensures compliance with Dutch labor regulations while protecting both employer and employee interests in a long-term employment relationship.

Reviewed by

Swetha Meenal

Legal Engineer, GenieAI

Swetha Meenal profile photo

A lawyer, legal researcher and legal tech founder, Swetha has built AI products deployed inside Tier 1 firms and enterprises. She ensures GenieAI's alignment with the latest regulation and executes testing on the legal robustness of Genie output.

Reviewed by

Imad Mohammed Nazar

Legal Engineer, GenieAI

Imad Mohammed Nazar profile photo

A Skadden-trained M&A lawyer, Imad advised on cross-border transactions and contractual risk before moving into legal AI. He reviews GenieAI's output for compliance and enforceability across our 150+ supported jurisdictions, as well as facilitating external benchmarking.

Jurisdiction

Netherlands

Publisher

GenieAI

Sector

Business

Cost

Free to use

Last updated

About the Indefinite Contract

An indefinite contract is the standard form of permanent employment agreement in the Netherlands, establishing an ongoing employment relationship without a specified end date. Under Dutch employment law, this type of contract provides maximum job security for employees while giving employers access to stable, long-term workforce arrangements. You'll need this document when hiring permanent staff members who will become integral parts of your organization.

When do you need this document?

You need an indefinite contract when establishing any permanent employment relationship in the Netherlands. This applies whether you're hiring your first employee, expanding your team, or converting temporary workers to permanent positions. Dutch law favors indefinite contracts over fixed-term arrangements, and after multiple successive fixed-term contracts or 36 months of employment, relationships automatically become indefinite. You'll also need this when relocating international employees to Netherlands-based positions or when Dutch subsidiaries hire local staff members.

Key legal considerations

Several critical clauses require careful attention in your indefinite contract. The probationary period cannot exceed two months for indefinite contracts, during which either party can terminate with immediate notice. You must include mandatory holiday allowance (vakantiegeld) of at least 8% of annual salary, payable before June 1st each year. Notice periods vary based on employment duration, ranging from one month for employment under five years to four months for employment exceeding fifteen years. Salary and working hours must comply with applicable collective labor agreements (CAO) and minimum wage requirements. Include clear job descriptions, as changing an employee's role significantly may require contract amendments or consultation procedures.

Legal requirements in Netherlands

Netherlands employment law mandates specific provisions in all indefinite contracts. Under the Dutch Civil Code, you must specify working hours, overtime arrangements, and rest periods complying with the Working Hours Act (maximum 48 hours per week). Include pension scheme participation, as most employers must provide occupational pension arrangements. Address sick leave entitlements, as Dutch law guarantees continued salary payment for up to two years during illness. Specify vacation days (minimum 20 days annually for full-time employment) and public holidays. Include termination procedures following the Work and Security Act, which requires transition payments for employees with contracts exceeding two years. Consider including non-compete clauses, though these are strictly regulated and must be proportionate, time-limited, and serve legitimate business interests. Finally, ensure compliance with the Working Conditions Act by referencing workplace safety obligations and employee health requirements.

GOVERNING LAW

Applicable law

This Indefinite Contract is drafted to comply with Netherlands law. Key legislation includes:

Dutch Civil Code (Burgerlijk Wetboek) - Book 7, Title 10: Primary legislation governing employment relationships in the Netherlands, covering basic contract requirements, rights, and obligations of both employer and employee
Working Hours Act (Arbeidstijdenwet): Regulates maximum working hours, rest periods, and overtime provisions that must be reflected in the employment contract
Work and Security Act (Wet Werk en Zekerheid): Reformed Dutch employment law, particularly regarding dismissal procedures and transition payments
Minimum Wage and Minimum Holiday Allowance Act (Wet minimumloon en minimumvakantiebijslag): Stipulates minimum wage requirements and holiday allowance (8% of annual salary) that must be included in employment contracts
Working Conditions Act (Arbeidsomstandighedenwet): Sets requirements for workplace safety and health conditions that may need to be referenced in the employment contract
General Data Protection Regulation (GDPR/AVG): EU regulation governing personal data protection, relevant for privacy-related clauses in the employment contract
Equal Treatment Act (Algemene wet gelijke behandeling): Ensures non-discrimination in employment relationships and must be considered in contract terms
Works Councils Act (Wet op de ondernemingsraden): May affect contract terms if the company has a works council, as certain changes require works council approval
Sick Pay Act (Wet uitbreiding loondoorbetalingsverplichting bij ziekte): Governs sick leave and pay obligations that need to be included in the employment contract

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