MAAK JE GRATIS Fixed-term Contract
Inhoudsopgave
What is a Fixed-term Contract?
A Fixed-term Contract is designed to cover a specific period of time. Unlike a Permanent Contract, a Fixed-term Contract has an end point upon which the employment relationship automatically ends. Some examples in which a Fixed-term Contract will be suitable are:
- seasonal work
- project work
- maternity cover
This document is governed by Dutch law and GDPR-proof.
When do I need a Fixed-Term Contract?
Many employers initially offer a new employee a Fixed-term Contract. Its main characteristic is that you have agreed with your employee in advance that his employment will end at a certain time. This could be because the end date of the contract has been reached or because a project for which you have entered into the contract has ended.
Voorbeeld Fixed-term Contract
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FIXED-TERM CONTRACT
Parties :
, located at , , number of the Dutch Chamber of Commerce , represented by , hereinafter referred to as: 'employer';
and
, living at , , born on in , hereinafter referred to as: ‘employee’;
Whereas:
- employer and employee enter into an employment contract with each other for a definite period of time
- this employment contract covers the terms of the agreement between the employer and the employee
Have agreed as follows:
Article 1 - Job title and duties
- The employer hereby employs the employee as . The employee agrees hereby to serve in such capacity.
- The duties associated with this position consist of : . In addition, the duties consist of all activities that can reasonably be expected of the employee.
- At the employer's request, the employee will perform work for companies affiliated with the employer's company.
Article 2 - Duration of the contract
- Employer and employee enter into this contract for a definite period of time.
- This contract commences on and
- The employment will in any case end without written notice being required on the day on which the employee reaches the applicable retirement age.
- The employee acknowledges in advance that this fixed-term employment contract will not be continued after the end date.. This complies with the notice obligation of the employer on the basis of article 7:668 Dutch Civil Code. By signing this employment contract, the employee acknowledges that the employer has fulfilled his notice obligation. The employee cannot claim the fine as referred to in article 7:668 paragraph 3 Dutch Civil Code.
Article 3 - Probation period
Article 4 - Termination of the contract before the end date
- Either employer or employee may, before the end date, terminate the employment by the end of the calendar month with due observance of the .
- If the employer terminates the contract before the end date, he must have permission from the UWV (a dismissal permit).
Article 5 - Collective labour agreement
Article 6 - Working hours and place of work
- The employee works hours per week. The employee normally performs his duties on the following days: .
- The employee normally performs his duties from to .
- The employee normally performs his duties in .
- The employee is expected to work overtime outside the agreed upon working hours, if this is necessary for the proper performance of his job.
Article 7 - Salary and holiday allowance
Article 8 - Holiday entitlement
- In case of full-time employment, the employee is entitled to the legal minimum of 20 vacation days with pay per year. These are built up in proportion to the duration and scope of the employment contract.
- The legal minimum of vacation days, 20 days based on full-time employment, may be carried over to the new year and expires 6 months after the accrual year.
- All vacation days allocated for a year must preferably be used in that year.
- When taking vacation, the employee must coordinate the vacation period within his team.
Article 9 - Illness and incapacity for work
- If the employee is unable to perform his duties as a result of illness, he is obliged to report this to the employer as soon as possible, but in any case before 09.00 AM, even during holidays, unless this is not possible due to force majeure.
- If the employee has not performed the agreed duties due to incapacity for work, the employer will, if and as long as the employment contract continues, continue to pay % of the agreed gross salary during the first 52 weeks of incapacity for work, calculated from the first day of illness. In the first year of illness, the employee receives at least the minimum wage. During the following 52 weeks of incapacity for work, the employee is entitled to % of the agreed gross salary.
- During the period of leave due to pregnancy and childbirth, as stipulated in the Dutch Labour and Care Act (Wet Arbeid en Zorg), the employee is entitled to the daily wage referred to in that law.
- The employee is not entitled to the continued payment of salary referred to in this article if one of the situations as described in article 7:629 paragraph 3 Dutch Civil Code applies.
- The employer is authorized to suspend the continued payment of salary referred to in this article for the period that the employee does not comply with reasonable instructions given in writing by the employer about the provision of information that the employer needs in order to determine his right to salary.
Article 10 - Company allowance
The employee is entitled to a company allowance. This reimbursement applies to:
Article 11 - Pension plan
Article 12 - Duties of confidentiality
The employee is obliged to maintain confidentiality with regard to all information about the company, business operations and customers of the employer that he knows or can reasonably suspect to be confidential. This obligation also applies after termination of this employment contract. The employee is also obliged to hand over to the employer all documents or other data that he has obtained in the context of his work after the employment contract has ended.
Article 13 - Ancillary activities
1. During the term of this contract the employee shall not perform ancillary activities for another employer or client, directly or indirectly, or do business for his own account, unless the employer has given prior written permission.
2. The employer cannot refuse the aforementioned permission, unless the employer has an objective justification for this at the time the employer refuses this permission.
3. In the event of refusal, the employer will inform the employee of the aforementioned justification in writing.
4. Objective justification means in any case the protection of the employer's business secrets or the prevention of conflicts of interest.
Article 14 - Penalty clause
The employer reserves the right, in case of violation or non-compliance by the employee of the confidentiality and / or the non-competition clause and / or the business relation clause, notwithstanding article 7: 650 paragraphs 3, 4 and 5 Dutch Civil Code, without notice of default is required, to impose on the employee an immediately payable fine of € 1,000 for each violation, as well as an additional fine of € 50 for each day that the violation continues after notification of its discovery by the employer, including part of a day. If the salary of the employee is higher than the minimum daily wage, the fine will be forfeited to the employer.
Article 15 - Intellectual property
- The employee acknowledges that all employment IPRs, employment inventions and works embodying them shall be owned automatically and absolutely by the employer to the fullest extent permitted by law. To the extent that they are not automatically owned by the employer, the employee holds them on trust for the employer.
- The employee agrees to promptly and on their creation, give the employer full written details of all employment inventions the employee makes wholly or partially during the course of his employment.
- At the employer’s request, and in any event, on the termination of the employment, the employee will give the employer all originals and copies of correspondence, documents, papers and records on all media which record or relate to any of the employment IPRs.
- The employee does his best to execute all documents and do all acts both during and after your employment by us as may, in the opinion of the employer, be necessary or desirable to vest the employment IPRs in the employer, to register them in the name of the employer and to protect and maintain the employment IPRs and the employment inventions.
Article 16 - Employment and company rules
The employee declares to be aware of and to agree with the employment and company rules applicable at the employer and to have received a copy of these employment and company rules.
Article 17 - Change of terms of employment
The employer reserves the right to unilaterally amend the terms of employment, with due observance of the provisions of Article 7:613 of the Dutch Civil Code.
Article 18 - Governing law and competence of court
- This contract shall be governed by Dutch law.
- All disputes arising under this contract (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the court in the district where the employee normally performs his work.
Article 19 - Online signature
If the employer and employee use the online signature service for this electronic contract that has been drawn up on the Rocket Lawyer platform, they hereby declare that this contract is the original version and that the contract legally binds them. They will receive an email as soon as both have signed this contract, which proves that this contract has been legally concluded.
Article 20 - Signed copy contract
The employee declares to have received a signed copy of this contract.
Signed:
| _________________________________ | _________________________________ |
| Date |
| _________________________________ | _________________________________ |
| Date |
Over het Fixed-term Contract
Veelgestelde vragen over het Vaste Contract (EN)
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How can I edit my Fixed-term Contract?
To manually edit your Fixed-term Contract, all you need to do is log in to your Rocket Lawyer account, select the document you want to edit and then select edit. To save the original version, select the copy first and then edit the copied version.
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Can I get a lawyer to check my Fixed-term Contract?
Yes, with Rocket Lawyer's membership you can use our Ask a Lawyer service to have your drawn up Fixed-term Contract assessed by a lawyer specialized in employment law. You can also use this service to ask legal questions to a specialized lawyer.
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Is an electronically signed Fxed-term Contract legally valid?
Yes, an electronically signed Fixed-term Contract is legally valid. For example, with Rocket Lawyer you can email your drafted contract to your prospective employee and he can then sign it using our online signature service.
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