Provisional Contract Of Employment for the Netherlands

Provisional Contract Of Employment Template for Netherlands

A Provisional Contract of Employment under Dutch law is a fixed-term employment agreement that establishes a temporary working relationship between an employer and employee. This document outlines the terms and conditions of employment in compliance with Dutch employment legislation, including the Dutch Civil Code (Burgerlijk Wetboek) and related employment laws. It covers essential elements such as job responsibilities, working hours, compensation, benefits, and termination conditions, while specifically addressing the temporary nature of the employment relationship. The contract ensures compliance with Dutch requirements regarding notice periods, holiday allowance, and worker protections, while providing clarity on the duration and terms of the provisional employment arrangement.

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What is a Provisional Contract Of Employment?

The Provisional Contract of Employment is commonly used in the Netherlands when organizations need to establish temporary employment relationships, such as for project-based work, seasonal employment, or during periods of uncertainty about long-term staffing needs. This contract type is governed by Dutch employment law, particularly Book 7 of the Dutch Civil Code, and must comply with the Work and Security Act (Wet Werk en Zekerheid). It's especially relevant when companies want to assess employee performance before offering permanent employment, or when the work itself is inherently temporary. The document includes mandatory provisions required by Dutch law, such as holiday allowance calculations, working hours, and notice periods, while clearly stating the temporary nature and duration of the employment relationship. This contract type offers flexibility while ensuring proper protection for both employer and employee under Dutch employment legislation.

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

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 provisional contract

3. Definitions: Key terms used throughout the contract

4. Position and Duties: Job title, role description, and primary responsibilities

5. Duration and Nature of Contract: Specification of the provisional period, start date, and end date or conditions

6. Probationary Period: Details of the trial period in accordance with Dutch law

7. Working Hours and Location: Standard working hours, days, and primary work location

8. Salary and Benefits: Compensation details, including salary, holiday allowance, and any additional benefits

9. Holidays and Leave: Annual leave entitlement and public holiday provisions

10. Illness and Incapacity: Procedures and payments during sick leave

11. Confidentiality: Protection of company information and trade secrets

12. Company Property: Provisions regarding use and return of company equipment

13. Termination: Conditions and procedures for ending the employment relationship

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

15. Signatures: Execution section for both parties

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

1. Non-Competition and Non-Solicitation: Restrictions on working for competitors or soliciting clients/employees, used for senior positions or roles with access to sensitive information

2. Intellectual Property Rights: Assignment of IP rights to employer, used for creative or technical roles

3. Remote Working Provisions: Specific arrangements for remote work, used when hybrid or remote working is permitted

4. Performance Reviews: Framework for evaluation and assessment, used for roles with defined career progression

5. Training and Development: Provisions for professional development and required certifications, used when specific training is part of the role

6. Commission Structure: Details of commission or bonus schemes, used for sales or performance-based roles

7. International Travel: Terms for international work and travel, used for roles requiring mobility

8. Language Requirements: Specifications about working language(s), used in international companies

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

1. Job Description: Detailed outline of role responsibilities and requirements

2. Salary and Benefits Schedule: Comprehensive breakdown of compensation package

3. Company Policies: Reference to key company policies that form part of the employment relationship

4. Data Protection Notice: GDPR-compliant information about personal data processing

5. Code of Conduct: Company's behavioral expectations and ethical standards

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

Document Type

Employment Contract

Cost

Free to use
Relevant Industries

Technology

Professional Services

Manufacturing

Retail

Healthcare

Education

Financial Services

Construction

Hospitality

Media and Entertainment

Telecommunications

Energy

Transportation and Logistics

Real Estate

Agriculture

Relevant Teams

Human Resources

Legal

Finance

Operations

Sales

Marketing

Information Technology

Customer Service

Research and Development

Product Development

Quality Assurance

Business Development

Administration

Project Management Office

Corporate Communications

Relevant Roles

Project Manager

Software Developer

Administrative Assistant

Sales Representative

Customer Service Representative

Marketing Coordinator

Financial Analyst

HR Coordinator

Operations Manager

Research Assistant

Data Analyst

Product Manager

Business Development Representative

Content Writer

Account Manager

Quality Assurance Specialist

Legal Assistant

Graphic Designer

Technical Support Specialist

Management Trainee

Industries
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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