Terms & Conditions of Employment in Netherlands
Probation period
The probation period can be a maximum of two months for open-ended or 2-year contracts and one month for less than 2-year fixed-term contracts.
Post-contractual duty of care
Separate from the non-competition restraint, an employee carries a post-contractual duty of care. This means they cannot systematically solicit the former employer's employees or customers by using business information they received during the former employment relationship. Furthermore, they may not violate their former employer's trust (i.e. keep trade secrets confidential), or make misleading or derogatory remarks about the former employer or its business. The employee's new employer may also be liable if they knowingly benefited from or encouraged the employee's breach of their duty.
Duty of notification
Employment agreements lasting more than six months must state whether they will be terminated or extended upon the end date, and if so, on what conditions. The employer must notify the employee at least a month before the end date of the agreement. If the employer fails to do so, they have to compensate the employee for each working day delay. The maximum compensation is a month's gross salary.
Regardless of whether the employee has been notified or not, the employment agreement will end by operation of law. The duty of notification does not apply if:
- The employment agreement is for less than six months
- The employment agreement does not end on a particular calendar date (e.g. in case the end date depends on the completion of a project), or
- A temporary employment agency clause applies
