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A legal scan of an employment contract checks whether the contract complies with statutory requirements (WWZ, GDPR, collective labour agreement), contains the correct rights and obligations, and does not have untenable clauses. This is important for standard contracts (new private limited company), industry-specific contracts (collective labour agreement requirements), and high-risk situations (non-compete clause, non-solicitation clause, confidentiality). Scan costs: €250–€1,000 per contract type. Prevents years-long disputes and fines. Below: what is checked and when a scan is worthwhile.
The short answer
- What: Legal check of employment contract regarding law, collective labor agreement, and feasibility of clauses.
- Important checks: WWZ, GDPR, non-compete clause, non-solicitation clause, confidentiality, salary.
- Costs: €250-€1,000 per contract type (template scan).
- When: new BV, change of sector, following change in case law, periodically.
- Result: report with points for improvement and adjusted templates.
What is being checked?
1. Legal requirements
- Record mandatory information in writing (name, address, job title, salary, working hours, holidays).
- WWZ provisions: chain rule, transition payment, notice period.
- WAB aspects: on-call contract, payrolling, premiums.
- Is a collective labor agreement applicable? Have provisions been agreed upon?
2. GDPR clauses
- Processing of employee personal data.
- Camera surveillance (if applicable).
- Personal data clause upon dismissal.
3. Restrictive clauses
- Non-compete clause:reasonableness of duration (max 1-2 years) and geographical area.
- Non-compete clause:scope (which clients/contacts?) and duration.
- Confidentiality: duration after termination of employment.
- IP transfer: rights of employee to employer.
- Penalty clause:maximum amount according to case law.
4. Salary and employment conditions
- Gross/net salary clear.
- Employer contributions (pension, other funds).
- Holiday days according to collective labor agreement or law.
- 13th month, bonus, profit sharing.
5. Termination of employment
- Probation clause (correctly formulated).
- Notice period.
- Settlement agreement procedure.
- Transition payment rights.
Common mistakes
- Non-compete clause too broad: judge may limit or annul.
- Unsustainable fine amounts:e.g. €50,000 per violation is often reduced.
- Absent CLA requirements: violation may lead to a wage claim.
- Outdated WWZ clauses: new case law not included.
- Unclear job description:dispute over tasks following a change.
- No transfer of IP: employee creations remain with the employee.
When to take a legal scan?
- Upon incorporation of a BV: drafting initial contracts.
- In the event of a change of sector: a different collective labor agreement applies.
- Following the amendment to the WWZ/WAB: contracts must be updated.
- In light of new case law: Supreme Court rulings can render clauses untenable.
- Periodically: review every 2-3 years for up-to-date contracts.
- In case of dispute: quick scan before proceedings.
Types of scans
- Standard scan:template for regular employees — €250-€500.
- Specific position: management, key personnel — €500-€1,500.
- International employees: expat, cross-border — €1,000-€2,500.
- Complete HR portfolio: all contracts in one scan — €2,500-€7,500.
Example Tessa
Tessa has 12 employees — last contracts drawn up 5 years ago:
- Scan discovered: non-compete clause too broad (3 years — should be 1-2 years).
- WWZ provisions not updated (WAB amendments 2020).
- GDPR clause missing for warehouse camera surveillance.
Scan costs: €750. Adjusted contracts: avoiding potential disputes worth €25,000+. ROI clearly positive.
Honest recommendation
For every employer: a periodic legal scan of employment contracts — at least every 2-3 years or in the event of major legislative changes. An investment of €250-€1,500 per scan prevents years-long disputes and fines. For SMEs with more than 5 employees: the scan is almost always worthwhile. Combine with a good remote HR advisor or employment lawyer.
For other topics: interpretation of employment contract, non-competition clause and new employment law.
Frequently Asked Questions
Check of employment contract against legal requirements (WWZ, WAB, GDPR), collective labour agreement provisions, and feasibility of clauses (non-compete clause, penalty clause). Result: report with points for improvement and adjusted templates.
Legal information, WWZ/WAB provisions, GDPR clauses, restrictive clauses (non-competition, non-solicitation, confidentiality, transfer of intellectual property), salary and terms of employment, and termination of employment provisions (probationary period, notice period, transition payment).
Non-compete clause too broad (limited by the judge), untenable penalty amounts, missing collective labour agreement requirements, outdated WWZ clauses, unclear job description, missing intellectual property transfer for employee creations.
Upon incorporation of a BV (first contracts), change of sector (different collective labour agreement), change in legislation (WWZ/WAB), new case law, periodically (every 2-3 years), or in the event of a dispute.
Standard scan regular employee: €250-€500. Specific position (management, key personnel): €500-€1,500. International employee: €1,000-€2,500. Full HR portfolio: €2,500-€7,500.
For every employer with more than 5 employees: the investment pays for itself by avoiding disputes. For SME limited companies, almost always ROI-positive. For freelancers with client contracts: also relevant.
For some templates: HR software (CompanyHQ, Personio) has check modules. For more complex situations or in case of doubt: consult an employment lawyer. A combination of an HR tool and a remote lawyer is often optimal for SMEs.
