Once you have got through the stressful phase of job interviews, and your new employer has made you an offer, then you need to check the details of the work contract before you can sign it and start your new position. Below is an overview of what you need to know and look out for when it comes to employment contracts in the Netherlands.
Checking and signing your work contract
One of the first things that will happen after you accept a job in the Netherlands is that the company will present you with a labour contract (arbeidsovereenkomst) outlining all the aspects of your employment agreement.
It is not necessary to sign the contract immediately. Your new employer will usually give you a few days to look it over and ensure you fully understand it.
If there are any elements you are uncertain about or disagree with, you should discuss them with the company before signing. If you are especially concerned or confused then seek the advice of a lawyer or employment law specialist.
Once you have signed the contract, you are officially in paid employment (loondienst).
Dutch labour contract checklist
It is important to carefully check all the conditions of your labour contract before signing. Here is a list of the most common contract elements:
Types of employment contracts in the Netherlands
There are many different types of employment contracts in the Netherlands, but broadly speaking these are the most common ones:
- Termporary or fixed-term contracts: Employment contracts with a fixed end date
- Permanent contracts: Employment contracts with no end date
- Temping or secondment contracts: Employment contracts where the employer is employed by a company but works for a third party, for instance as a temporary worker
- Zero-hours contracts: Employment contracts where an employee has no fixed working hours
- Freelancer contracts: Contracts between a company and a freelance (self-employed) worker
Temporary/fixed-term contract (tijdelijk contract)
A temporary contract is for a specific period of time, such as six months or one year, with a pre-determined end date. A dismissal procedure is not required to terminate a temporary contract at the end of its duration. It simply lapses.
It is quite common for Dutch employers to offer a second temporary contract when the first expires, but it's not guaranteed. However, the employer is required to give the employee at least one month's notice if they do not intend to renew the temporary contract.
As of January 1, 2020, a temporary contract automatically changes to a permanent contract if an employee has received more than three successive temporary contracts or if they have been with the same employer for three or more years on temporary contracts (whichever happens sooner), unless there are other rules in the collective labour agreement.
Permanent contract in the Netherlands (vast contract)
A permanent contract is for an indeterminate period of time with no end date. This type of contract can only be terminated if the employee resigns (e.g. finds another job in the Netherlands) or if the employer finds reason to end the contract (which must comply with strict legal guidelines).
You can find out more about the circumstances under which a permanent contract in the Netherlands can be terminated in our guides to contract termination and resignation.
Temping contract with a recruitment agency (uitzendcontract)
A contract with a recruitment agency (uitzendbureau) is a less common form of labour contract in the Netherlands. Also known as a temping or secondment contract, under this type of employment contract you enter an agreement with a recruitment agency whereby they are your legal employer and salary provider, even though you will be working for a third party. It is important to note that in such contracts there is limited protection against dismissal.
Zero-hours contract (nul uren contract)
A zero-hours contract can exist as either a temporary or permanent work agreement. In a zero-hours contract, an employee has no fixed working hours. This allows for a flexible working arrangement where the employee can be spontaneously rostered on.
Employees on zero-hours contracts have similar rights as employees with regular contracts, including sick leave and holiday pay. However, such contracts can leave employees vulnerable, as a steady income is not guaranteed. Employees may also be obliged to accept the hours requested by the employer.
As of January 1, 2015, it is no longer allowed to extend zero-hours contracts indefinitely.
Freelancer contract (DBA modelovereenkomst)
Freelancers are not officially in service (loondienst) with an employer, but they are required to draw up and sign a specific type of contract with a client that defines their working relationship. This is to clarify who would be responsible for contributing to the freelancer's welfare or unemployment benefits.
This new freelancer contract arrangement, introduced in 2016, is called the DBA model contract system. Freelancers and their clients must use or adapt a template contract provided by the Dutch tax office.
Probation period in the Netherlands
Most work contracts in the Netherlands will include a clause relating to a probation period (sometimes also called a trial period in the Netherlands). As the name suggests, this is a period where the employee is typically seen as being "on trial", and therefore less stringent rules apply when it comes to terminating the employment relationship.
Unless otherwise specified in the employment contract, both parties can terminate the relationship during the trial period without having to give a proper reason. The notice period is usually also shorter (see our termination of employment and resignation pages for more information on notice periods).
Note that in the Netherlands a probation period can only be included in contracts that have a length of six months or more. If your contract is six months or fewer and contains a trial period clause, it is not considered valid.
A probation period in the Netherlands can be any length up to two months, with the following rules applicable:
- For temporary employment contracts lasting longer than six months but fewer than two years, or temporary contracts with no end date: The trial period can be no longer than one month.
- For permanent employment contracts or temporary employment contracts lasting longer than two years: The trial period can be no longer than two months.