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The employment contract determines your position as an employer, and the law provides strong protection for the employee. A watertight agreement prevents unpleasant surprises. You must not forget these seven points.
Tip 1: check and verify
You have a duty to investigate. Check diplomas, identity, and, where relevant, references before hiring someone. A forged diploma can later be grounds for dismissal, but only if you have acted diligently yourself.
Tip 2: Set the correct duration and probationary period
Choose consciously between a fixed-term and an indefinite contract and pay attention to the probationary period rules: there is no probationary period for short-term contracts, and the probationary period must be in writing and the same for both parties.
Tip 3: Consider non-compete and non-solicitation clauses
If you wish to protect knowledge and customers, include a non-compete or non-solicitation clause. In a temporary contract, this is only valid with a written justification of a compelling business interest.
Tip 4: Arrange confidentiality and intellectual property
Establish a confidentiality clause and arrange for the copyright to work created by the employee to remain with you. Especially in creative and IT roles, this prevents disputes regarding rights.
Tip 5: Refer to your employee handbook
Do not include all general rules in the agreement, but refer to your employee handbook with a unilateral amendment clause. This way, you keep the policy flexible.
Tip 6: Be careful with wages and employment conditions
Clearly state the salary, working hours, vacation days, and any allowances, and take the applicable collective labor agreement into account. Lack of clarity leads to claims.
Tip 7: Have the agreement checked
A small mistake can have major consequences. Have the employment contract reviewed by a lawyer, especially if you are using a standard template.
Frequently Asked Questions
May I use a standard employment contract?
As a basis, but a model rarely aligns well with your situation and current legislation. Have it checked.
Is a probationary period always allowed?
No. For short-term contracts, a probationary period is not permitted, and the probationary period must be in writing and equal for both parties.
Do I need to apply a collective labor agreement?
If a collective labour agreement applies, you are bound by it. Always check this before drafting the agreement.
A watertight employment contract?
Our legal experts draft a tailored employment contract , including the right clauses such as a non-competition clause . View our employment law team or schedule a free consultation .
