MKB Juristen drafts custom legal documents
It is best not to cobble together or copy important contracts, terms and conditions, and other legal documents yourself. We help entrepreneurs on a budget with customized legal solutions, clear costs upfront, and practical explanations.
- Custom contracts, terms and conditions, and legal documents
- Budget-friendly and clear about the costs upfront
- Request a free consultation or a no-obligation quote
An employment contract example shows which provisions every agreement requires: parties, position, start date and contract duration, salary and working hours, probationary period and notice period, holidays and sickness, and, where necessary, a non-compete or non-solicitation clause. An example is useful as a checklist, but never copy it blindly — the probationary period, notification obligation, and collective labour agreement must be correct for your situation. Below, you can review the most important provisions with a compact checklist.
The short answer
- Header: parties, position, location, start date, permanent or temporary.
- Financial: gross salary, holiday allowance, working hours, working times.
- Terms: probationary period and notice period within legal limits.
- Conditions: vacation days, sick pay, pension, collective labor agreement.
- Clauses: non-competition, relationship, confidentiality, penalty — only where necessary.
- Conclusion: date, place and signature of both parties.
The structure of an example
A good example follows a fixed structure. At the top is the header with the employer and employee details, the position, and the start date. Next is the core: is it a fixed-term or indefinite contract, and for a fixed term, the end date or project. Then come the financial arrangements, the working hours, and any special provisions. At the bottom is the space for the date and signature.
Use the example as a checklist, not as a ready-made contract. The pitfall is that an online example is outdated or contains a probationary period or non-compete clause that is not valid in your situation.
Also pay attention to the details that are missing from many examples. Consider the mention of the applicable collective labor agreement, the training offer, and the notice period on both sides. Since 2022, these have been mandatory components, and these are precisely the ones often forgotten in free templates. An example helps you tick off these points one by one, ensuring your contract is complete before the first working day begins.
The most important provisions
These provisions belong in virtually every employment contract:
- Position and duties. Describe the position, but leave room for reasonable adjustments.
- Contract duration. For a fixed term, the end date; note the chain rule and the notification obligation.
- Salary. Gross salary, payment date, holiday allowance (minimum 8%).
- Working hours and working times. Fixed number of hours or, on call, the range.
- Probation period. Only for contracts of six months or longer, within the statutory maximums.
- Notice period. Employee one month; employer depending on length of service.
- Holidays and illness. Number of vacation days and continued payment of wages during illness.
Optional terms
You only record this if your situation calls for it:
- Non-compete clause. In a temporary contract, only with written justification of a compelling business interest.
- Non-solicitation clause. Prohibits soliciting clients; often more defensible than a broad non-competition clause.
- Confidentiality clause. Protects commercially sensitive information, even after termination.
- Penalty clause. Links a sanction to a violation; additional protective rules apply to employees.
- Secondary activities. Since 2022, you may only prohibit secondary work with an objective justification.
Checklist for your own contract
Check this before you sign:
- Are all party details and the function correct in the header?
- Is it clear whether the contract is permanent or temporary, with an end date for a fixed term?
- Is the probationary period permitted given the contract duration?
- Are the notice periods correct on both sides?
- Are all 2022 data included (wages, hours, vacation, pension, CLA, training)?
- Is any potential non-compete clause substantiated and not too broad?
- Does the notification obligation come into play for temporary contracts of six months or longer?
Example: an employer copies an online contract with a two-month probationary period for a temporary contract of four months. That probationary period is void — the contract is shorter than six months. The checklist would have caught this immediately.
Honest recommendation
For a standard position with standard terms and conditions, you can easily draft a contract yourself using a current example and the checklist — no lawyer is needed for that. However, do have someone review it whenever you want a non-compete or non-solicitation clause, are drafting an on-call or management contract, or have doubts about the collective labour agreement. These are the parts that go wrong most often, and an incorrect clause will cost more than an hour of legal review in the event of a dispute.
Familiarize yourself with the mandatory content and clauses, avoid common mistakes, or have an employment contract drafted.
Frequently Asked Questions
Use a sample as a checklist, not as a ready-made contract. Online samples are often outdated or contain a probationary period or non-compete clause that is not valid in your situation. Always check the probationary period, notice period, and collective labor agreement before signing.
Party details, position, start date, contract duration, gross salary, holiday allowance, working hours, working times, probationary period, notice period, vacation days, continued payment of salary during illness, pension and applicable collective labour agreement. Non-compete, non-solicitation and confidentiality clauses only if your situation requires it.
Only for contracts of six months or longer. A maximum of one month for six months to two years, a maximum of two months for two years or longer and for an indefinite period. A probationary period in a shorter contract is void.
Since 2022, this is only permitted with objective justification, such as health and safety, confidentiality, or preventing conflicts of interest. A general ban on ancillary activities without substantiation is not valid.
For a temporary contract of six months or longer, the employer must notify the employee in writing no later than one month before the end date whether the contract will be extended and under what conditions. If he fails to do so, a penalty of up to one month's salary is due.
Yes, specify whether the holiday allowance (at least 8% of gross salary) is paid separately or included in the monthly salary. Lack of clarity on this often leads to additional tax assessments or wage garnishments.
For a standard position with standard terms and conditions, that works perfectly fine. Have a legal review carried out as soon as you want a non-compete or non-solicitation clause, draft an on-call or management contract, or have doubts about the collective labor agreement — those are the parts that go wrong most often.
