Employment Contract
f you enter into an employment contract, it is wise not to sign the contract immediately. Ask your future boss if you can take the contract home with you. You may wish to obtain legal advice on the employment contract before signing a contract. Especially if you’re wondering if some things are allowed in your agreement. When you enter into an agreement, there are two types of agreements. There is an agreement for a definite period of time and for an indefinite period of time. For example, with a fixed-term contract, you enter into a contract for six months, one year or two years. With a contract for an indefinite period you will be given a permanent appointment within a company.
Primary and secondary employment conditions
Primary and secondary employment conditions are described in the terms of employment of your employment contract . The primary terms and conditions of employment relate to wages, working hours, working hours and the number of vacation days to which you are entitled. Secondary benefits are actually extras that you get. For example, a company car or a laptop, pension scheme and travel allowance. Agreements are often made about this during the job interview. These agreements are included in the employment contract. So check carefully whether all agreements are in the contract.
Probationary period in your employment contract
It is normal for a probationary period to be included in your employment contract . The probation period is intended to see whether the agreement meets the expectations for both parties. The probationary period may not exceed two months. Usually the probationary period is only one month. During the probationary period, both parties may indicate that they wish to withdraw without giving any reason. It is then no longer mandatory for both parties to complete the work. This way you can both get out of the employment contract during the probationary period.
non-compete clause
A non-compete clause may only be agreed upon if an employee is of age. A non-competition clause means that the employment opportunities at the end of the agreement are limited. For example, you may not work for a competitor if you have resigned from your current company. As of 1 January 2015, it is no longer allowed to include a non-competition clause in a permanent appointment. Only in exceptional cases may this be deviated from. The employer must be able to substantiate why a non-competition clause has been included.
Relationship clause
A non- solicitation clause resembles a non-competition clause . Only this time it has to do with the fact that you are not allowed to bring your ex-employee’s relations with you. If you leave and start your own office, you are not allowed to take your relations with you to your new office. A non-solicitation clause often only applies if your current contract has ended or if you have terminated the contract yourself. Unfortunately, legal discussions often arise about what exactly is a relationship of your employee. This is the reason why a list of client names is being added more and more these days. Isn’t a list issued? Then there is a good chance that you can successfully challenge the non-solicitation clause.
Notice period employment contract
Almost all employment contracts have a notice period . You are obliged to keep to this term. If you do not do this, you may have to pay compensation to your employer. Termination must often take place at the end of the month and usually one month before your new employment contract starts. It is best to cancel in writing, so that you have proof of this. There is only no notice period if you stop the job during your probationary period. Since 2015, the employer itself has a notice period of at least one month before the end of the contract. If this happens sooner, the employer must simply transfer the remaining salary and the employee no longer has to work for it.