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Drafting employmentcontractan

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Our services include a free consultation, a draft document, a revision round, and a final document. We invoice after sending the draft document.

Experience with legal services for entrepreneurs since 2001
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Within 4 hoursWe respond quickly to your request.
  • We worked for, among others:
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner

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An incorrect document often provides a false sense of security.
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Mr. Jaime Boogaers
Mr. Jaime Boogaers
Corporate Law
Attorney, 16 years of experience

An employment contract is not a standard form. In particular, probationary periods, fixed-term contracts, on-call duties, non-competition clauses, ancillary activities, confidentiality, and amendment clauses must fit exactly with the position, the collective labor agreement, and the employer's risks

  • For employers, HR, owner-managers, startups, and SMEs
  • Attention to job title, salary, working hours, probationary period, duration, and collective labor agreement
  • Non-compete clause, non-solicitation clause, confidentiality, IP, and illness regulated
  • Practically useful for new employees, job changes, and contract extensions

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from 99.- per document

Do you already have a document, but are unsure if it is still correct? We check content, risks, and practical usability.

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Is your document outdated, copied, generated with AI, or no longer suitable? We check and adjust the document.

About us

Our expertise in employment contracts

Our lawyers and in-house counsel assist employers with employment contracts, terms and conditions of employment, employee handbooks, bonus schemes, non-compete clauses, non-solicitation clauses, absenteeism protocols, and settlement agreements. We examine job function, collective labour agreement, contract duration, salary, probationary period, on-call duty, sickness, intellectual property, confidentiality, termination, and employment law risks.

Tailor-made solutions for your employee and organization

A standard employment contract rarely fits perfectly. That is why we tailor the employment contract to the position, contract type, collective labour agreement, sensitive business information, customers, employment conditions, and growth phase of your organization.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Experience with employment law, employer advice, and contracts
  • Attention to probationary period, non-compete clause, collective labour agreement, illness, and termination
  • Fixed rates in advance where possible
  • Customization
  • About us
from 99.- per document

Do you already have a document, but are unsure if it is still correct? We check content, risks, and practical usability.

  • Our legal expert spends 0.5 to 1.5 hours on the check
  • Telephone intake with a lawyer
  • Checks on content, risks, and practical usability
  • Attention to liability, payment, and termination
  • Concrete points for improvement and legal advice
  • Delivered within 3 working days, express delivery possible
from 249.- per document

Is your document outdated, copied, generated with AI, or no longer suitable? We check and adjust the document.

  • Our legal expert spends 1.5 to 2.5 hours checking and making adjustments
  • Telephone intake with a lawyer
  • Verification of the existing document
  • Adaptation to your business and working methods
  • Suitable for new services, customers, or risks
  • Delivered within 5 working days, express delivery possible

About us

Our expertise in employment contracts

Our lawyers and in-house counsel assist employers with employment contracts, terms and conditions of employment, employee handbooks, bonus schemes, non-compete clauses, non-solicitation clauses, absenteeism protocols, and settlement agreements. We examine job function, collective labour agreement, contract duration, salary, probationary period, on-call duty, sickness, intellectual property, confidentiality, termination, and employment law risks.

Tailor-made solutions for your employee and organization

A standard employment contract rarely fits perfectly. That is why we tailor the employment contract to the position, contract type, collective labour agreement, sensitive business information, customers, employment conditions, and growth phase of your organization.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Experience with employment law, employer advice, and contracts
  • Attention to probationary period, non-compete clause, collective labour agreement, illness, and termination
  • Fixed rates in advance where possible

Reviews (21)

Stefan

The communication was friendly and professional. The lawyer always maintained an overview, even when the wish list changed in the meantime. The service was professional and personal.

Sharon

The document aligned well with our wishes. They managed to get a stalled negotiation moving again by proposing a smart compromise. The final result meets our high standards 100%.

Abdel

The approachability of this firm is a real plus. The lawyer managed to strike exactly the right balance between legal precision and readability. The document was accepted flawlessly by our investors.

Lucas

The clear explanation at the start of the project was crucial for us. The telephone consultation regarding the final details provided just that little bit of extra confidence. These documents will undoubtedly save us a lot of headaches in the future.

Kenza

The communication was friendly and professional. The lawyer effectively translated our situation into the document. Everything was delivered neatly and on time.

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The commitment to our case was palpable from the very first minute. Even outside regular hours, we received a quick response to an urgent question. A party that delivers on what it promises on its website.

Raymond

Our assignment was accepted with great enthusiasm and professionalism. The setup of the cooperation agreement was logical and very well structured. The quality fully met our expectations.

Joost

We urgently needed a lawyer and were helped immediately. We appreciated the honesty when it turned out that a specific request of ours was legally unfeasible. A party that delivers on what it promises on its website.

Julia

A very smooth onboarding as a new client. The lawyer showed great commitment to safeguarding our interests. The quality fully met our expectations.

Suzanne

From the intake, it was clear what we could expect. The content aligned well with our company. The document was flawlessly accepted by our investors.

Floor

We had immediate confidence in the team's expertise. They managed to forge an extremely complex joint venture agreement in a short timeframe. The quality fully met our expectations.

Nisrine

We received excellent assistance with our legal questions. The lawyer really took the time to understand our specific SaaS solution before starting to write. The service was professional and personal.

Floris

Clear agreements and a neat delivery. A perfect balance was struck between protecting our company and not deterring customers. Everything was delivered neatly and on time.

Mees

Our complex question was immediately reduced to the essence. The structured way of working ensured that no details were overlooked. Fantastic value for money for this level of expertise.

Quinten

It was immediately apparent that the lawyer had extensive experience in our sector. We didn't have to figure out much ourselves. Fantastic value for money for this level of expertise.

Chaimae

Very clear and professional guidance. The lawyer showed great commitment to safeguarding our interests. It is clear that they have a passion for entrepreneurship.

Jesse

We came in with a vague idea, but were immediately presented with concrete steps. The document was legally well-substantiated. The final result aligns 100% with our high standards.

Nick

The lawyer immediately asked the right, critical questions. We were excellently guided through the maze of current laws and regulations. A party that delivers on what it promises on its website.

Joris

We needed tailored legal advice quickly and received excellent assistance. The sharpness in the negotiations with our opposing counsel was impressive. The quality fully met our expectations.

Anas

The intake felt like a genuine consultation rather than a sales pitch. The agreements were properly honored. The service was professional and personal.

Richard

Our company's specific needs were listened to carefully beforehand. Despite the tight deadline, there was no compromise on thoroughness and quality. These documents will undoubtedly save us a lot of headaches in the future.

Meet our office

Our ContractCheck, simply explained what can all go wrong.

Why MKB Juristen?

Since 2001, we have been active as a no-nonsense legal firm for entrepreneurs. We quickly get to the heart of the matter: with a thorough assessment, clear answers, and a document that works practically.

  • Nationwide coverage
  • First consultation free and without obligation
  • Fixed rates where possible
  • Affordable legal advice from lawyers and legal experts
  • Always a response within 4 hours

First, see how we work

A legal document requires trust. You see immediately who we are, how we help entrepreneurs, and why we do not work with standard templates.

  • You can view our working method before submitting an application
  • You will get a feel for the office and the people faster
  • The video supports the choice for customized legal solutions
  • After that, you can immediately request a quote or intake

What you can expect from us

We translate your situation into a legal document that you can actually use. You won't receive a loose template, but a document tailored to your business, agreements, and risks.

  • A clear roadmap: intake, concept, revision round, and final version
  • Practical explanation on how to use the document
  • Legal attention to liability, payment, and termination
  • Where possible, provide clarity in advance regarding price and delivery time
Are you unsure whether you should have the document drafted, checked, or amended?
During the initial consultation, we will determine the sensible course of action together. Afterward, you will know exactly where you stand.

Why customization?

A legal document only works well if it aligns with your business, agreements, risks, and industry. That is why we do not work with a standard generator, but with legal experts who assess your situation.

  • Prepared for your company
  • Telephone consultation included
  • No standard template
  • Review by legal specialists

What do you get?

You will receive a legal document that is practical and aligns with the agreements you wish to make.

  • Draft document or legal review
  • One adjustment round
  • Clear explanation where necessary
  • Fixed price where possible

The founders of MKB Juristen

Our organization consists of several small teams working within various legal fields. Each legal field has its own senior in-house counsel and/or lawyers.

Denian Wielhouwer

Corporate lawyer in corporate law & business expert

Denian Wielhouwer

Annelore Hendriks

Corporate lawyer, corporate law, administrative law

Annelore Hendriks

Ilja van Driel

Corporate law attorney, employment law

Ilja van Driel

Jaime Boogaers

Corporate law, ICT & privacy law, energy law attorney

Jaime Boogaers
Custom choices

Which choices determine the content?

The content of the contract depends on a number of upfront choices. These questions determine which provisions you include and how much flexibility you retain.

Choice or question Why this matters legally
Fixed-term or indefinite term? A fixed-term contract offers flexibility but is subject to chain rules (Art. 7:668a BW); an indefinite-term contract gives the employee more security and you greater commitment.
Full-time, part-time or on-call? Working hours determine wages, the accrual of rights, and the degree of flexibility; with a fixed number of hours, continued payment of wages is fixed.
Include a probationary period? A probationary period allows both parties to get acquainted without obligation, but is legally permitted only for longer contracts and must be in writing.
Do you need a non-compete or non-solicitation clause? A clause protects customers and knowledge but restricts the employee; weigh the business interest against its resilience in court.
Does a collective labor agreement apply? An applicable collective labour agreement may contain mandatory provisions that override your contract; check this before including deviating terms.
Clauses and provisions

What elements belong in an employment contract?

An employment contract contains a fixed set of components that together define the employment relationship. Below you will see which provisions you include and why they are important.

Provision Relevant to Legal point of attention
Parties and function Always Name of employer and employee, job title, and a description of the duties so that the content of the position is established.
Start and duration Always Effective date and whether the agreement applies for a fixed or indefinite period; in the case of a fixed term, also the end date or the project.
Probation period Optional A probationary period must be recorded in writing and does not apply to contracts of six months or less (Art. 7:652 BW).
Salary and working hours Always Gross salary, payment date, number of hours per week and any allowances or holiday pay.
Holidays and leave Always Number of vacation days and the special leave policy; the statutory minimum is four times the weekly working hours.
Notice period Always The notice periods applicable to the parties; deviations are only possible in writing within the limits of Art. 7:672 of the Dutch Civil Code.
Non-compete and non-solicitation clauses Optional Restrictions after employment; for fixed-term contracts, only valid with written justification of compelling business interest.
Pension and collective labor agreement If applicable Reference to an applicable collective labour agreement or pension scheme that co-determines the terms of employment.
Use in practice

How do you use this document correctly?

An employment contract only works well if you use it at the right times and keep it up to date. The steps below will help you with this.

Situation What should you do? Point of attention
Before employment Have both parties sign before the work begins A signed contract prevents ambiguity regarding the agreed terms.
In the event of a change in position or salary Document the change in writing in an addendum Verbal agreements are difficult to prove and lead to disputes later on.
Upon extension of a fixed term Give timely notice and draw up a new agreement The notification obligation (Art. 7:668 BW) prevents a notification penalty for late notification.
Upon termination of employment Keep the contract in the personnel file In the event of a dispute or dismissal, it demonstrates the agreements made and the notice period.
Common mistakes

Common mistakes

Employment contracts often go wrong on a few recurring points. Avoid these mistakes and the associated consequences.

Wrong Consequence Better approach
No written probationary period The probationary period is invalid and you cannot cancel freely Include the probationary period in writing and adhere to the statutory maximum duration.
Too many temporary contracts The contract automatically becomes a permanent employment contract Monitor the chain rule of Art. 7:668a of the Dutch Civil Code before renewing again.
Indefinite non-compete clause for a fixed term The clause is void without valid justification Attach a written justification for the substantial business interest.
Notice period forgotten You owe a notice payment of up to one month's salary Give written notice no later than one month before the end.
No reference to the collective labor agreement Employee can still claim more favorable collective labor agreement terms Check whether a collective labour agreement applies and refer to it explicitly in the contract.
Risk profile

What is your situation and what do you pay attention to?

Which provisions carry significant weight depends on your situation. If you recognize yourself in one of the cases below, pay extra attention to the mentioned point of attention.

Risk profile Example Focus in the document
Hire first employee You are setting salary, hours, and position for the first time Pay attention to a comprehensive job description and a correct wage and hourly rate scheme.
Seasonal or project work The work is temporary in nature and will end at the foreseeable future Deliberately choose a specific time period and monitor the chain and notification rules.
Key position with sensitive knowledge The employee has access to customers and trade secrets Consider a well-motivated non-compete, non-solicitation, and confidentiality clause.
Employee processes personal data The employee handles customer or personnel data Include a confidentiality obligation and arrange for GDPR compliance internally.
Additional documents

When is this document not enough?

Not every collaboration fits within an employment contract. In the situations below, you need a different or additional document.

Situation Supplementary document Why
Hiring instead of employment Management Agreement If someone works as a self-employed person or director, an employment contract is not appropriate; rather, a contract for services or a management agreement is.
Protecting sensitive information Confidentiality Agreement If you wish to safeguard knowledge separate from the employment relationship, a separate confidentiality agreement establishes this.
Employee processes data for third parties Data Processing Agreement If personal data is processed on behalf of a client, a data processing agreement is also required.
Explanation of this document

Drafting an employment contract, why?

Not every entrepreneur knows exactly what an employment contract is, when you need them, and which risks they must cover. That is why we explain below what this document entails, what you should look out for, and why customized legal solutions are important.

What is an employment contract and when do you need one?
An employment contract is the agreement pursuant to Article 7:610 of the Dutch Civil Code whereby one party—the employee—undertakes to perform work for the other party—the employer—for a certain period of time in exchange for wages. Three elements are constitutive: work, wages, and authority. As soon as all three are present in an employment relationship, an employment contract exists—regardless of how the parties have named the relationship. This has far-reaching consequences: a self-employed (ZZP) arrangement that effectively possesses all the characteristics of an employment contract is classified as an employment contract by the Tax Authorities and the courts. An employment contract must be concluded in writing—the law mandates written form for specific clauses such as the probationary period clause, the non-competition clause, and the agency-based clause. While there is freedom of form regarding the remaining content, a written agreement undeniably offers greater certainty regarding what has been agreed upon. Our lawyers draft a tailor-made employment contract for you—for a fixed or indefinite period, for full-time or part-time, for any position and sector—and review existing agreements for legal risks and current compliance with the Balanced Labour Market Act and the Flex Workers' Certainty Act.
What is the difference between a fixed-term and an indefinite-term employment contract?
This distinction is one of the most practically relevant choices for employers when entering into an employment relationship. A fixed-term employment contract ends automatically on the agreed end date, without the need for notice of termination. However, the employer has a notification obligation: he must notify the employer in writing, no later than one month before the end of a contract of six months or longer, whether he wishes to extend the contract and under what conditions. If he fails to do so or does so too late, he owes a notification payment of up to one month's salary. Pursuant to the chain rule of Article 7:668a of the Dutch Civil Code, a maximum of three consecutive temporary contracts may be concluded within a period of three years; thereafter, an employment contract for an indefinite period arises by operation of law. An employment contract for an indefinite period does not offer the employer an automatic end point, but it does offer greater certainty regarding a lasting employment relationship. Termination requires reasonable grounds, proceedings via the UWV (Dutch Social Security Agency) or the sub-district court, or mutual consent via a settlement agreement. Our lawyers advise you on the most appropriate contract form for your situation.
What are the legally required elements of an employment contract?
Pursuant to the Transparent and Predictable Employment Conditions Act — implemented as of August 2022 — the employer is obliged to inform the employee in writing about an extensive set of employment conditions. The most essential mandatory elements are: the identity and address of the employer and employee, the start date and duration of the agreement, the place of work or workplace, the job title and a brief description of the duties, the agreed salary and method of payment, the working hours, holiday entitlements, notice periods, the applicable collective labour agreement (CLA) if applicable, and the pension scheme. If any of these elements are missing, the employer runs the risk that the employee will claim more favorable statutory standards. Furthermore, for fixed-term employment contracts, there is an obligation to give notice, and for on-call contracts, an obligation to make an offer for a fixed amount of working hours. Our lawyers ensure that your employment contract complies with all current statutory obligations.
Which clauses require being in writing and how do you formulate them correctly?
Several clauses in an employment contract are only valid if agreed upon in writing. The probationary period clause must be recorded in writing and may last a maximum of two months for an employment contract for an indefinite period, or a maximum of one month for a contract of six months to two years. A probationary period is not permitted for contracts shorter than six months. The non-compete clause is required in writing for employment contracts for an indefinite period; for fixed-term contracts, stricter requirements apply as of January 1, 2025: a non-compete clause is only valid if compelling business or service interests are substantiated in the agreement itself. A non-compete clause without such substantiation is void. The non-solicitation clause, the confidentiality clause , and the study cost clause also require written form and—for the study cost clause—a repayment schedule that complies with case law. Our lawyers draft each clause for you in accordance with the most current legal requirements and jurisprudence.
How do you handle the non-compete clause after the legislative amendment of January 1, 2025?
Following the legislative amendment effective January 1, 2025, non-compete clauses are significantly more strictly regulated. For fixed-term employment contracts , a non-compete clause is only valid if the employer has provided written justification in the contract itself—not in an appendix or handbook—requiring which compelling business or service interests necessitate the clause. A standard phrase such as "due to the nature of the position" is insufficient. The justification must be concrete and specific: what knowledge, relationships, or competitively sensitive information justify the restriction? For indefinite-term employment contracts as well , a non-compete clause that is too broad or too long will be moderated or annulled by the court. Geographical delimitation, temporal limitation, and a combination with adequate compensation strengthen its validity. Our lawyers will draft a non-compete clause for you that meets the new statutory requirements and will also stand up under judicial review.
How does the employment contract relate to an applicable collective labour agreement?
If a collective labour agreement (CLA) applies to your industry or company —either through a declaration of general applicability (AVV) or membership of an employers' organisation—the CLA provisions take precedence over the individual employment contract insofar as the CLA prohibits deviation. You may only deviate from the CLA in the employment contract to the benefit of the employee, not to their detriment. If you explicitly declare the CLA applicable in the employment contract, the CLA provisions take direct effect. If a declaration of applicability is missing but the CLA does apply to your sector, the CLA is nevertheless binding upon AVV. Your employment contract must be consistent with the applicable CLA. A conflict between the CLA and the employment contract—where the employment contract offers the employee less than the CLA—can lead to retroactive wage claims. Our lawyers review your employment contract for CLA compliance.
What are the consequences of the Flex Worker Security Act for new employment contracts?
The Flex Workers Security Act — expected to take effect on January 1, 2027 — introduces far-reaching changes for on-call agreements, zero-hour contracts, and other flexible contract forms. The law requires employers to offer a contract with fixed working hours after twelve months of on-call work. Zero-hour contracts will be effectively prohibited for employees who are called upon on a regular basis. The chain rule is being tightened. For new employment contracts being concluded now, it is important to anticipate these changes: an on-call agreement concluded in 2025 or 2026 may already have to comply with the new rules in 2027. Our lawyers advise you on the most future-proof contract form for your workforce.
How does it work at MKBjuristen?
After a brief intake, our lawyers map out your staffing needs, the applicable collective labour agreement, your job profile, and your specific wishes. Based on this, we draft a employment contract that complies with all current legal obligations — including the Transparent and Predictable Employment Conditions Act, the amended rules on non-compete clauses, and the notification obligation. Do you have existing employment contracts that you would like to have checked for current compliance? We will then assess them on all critical points and advise on the necessary adjustments. We also draft standard employment contract templates for your entire workforce.
Are you unsure whether your document is legally correct? We would be happy to assess the sensible course of action: drafting, reviewing, or amending.
Request a quote

Why not use a standard document?

A standard document often seems like a quick solution, but usually does not fully align with your company, agreements, risks, and way of working. Our legal experts draft documents that fit your situation.

Standard document
SME Lawyers
Not tailored to your business
Tailored to your company, industry, and working methods
No control over your specific situation
Consultation with a lawyer and assessment of your risks
Possibly outdated or incomplete
Verification of current and practical provisions
No personal explanation
Explanation regarding the use of the document

A standard document seems cheap, until it doesn't fit your situation properly. That is why we provide custom legal solutions tailored to your business.

Tailored solutions for each employment situation

Not every employee needs the same contract. That is why we do not draft generic employment contracts, but tailor them to the contract type, position, collective labor agreement, and risk.

Temporary contract

Attention to end date, probationary period, early termination, notice, and chain.

Permanent contract

Attention to position, salary, changes, notice period, clauses, and terms of employment.

On-call contract

Attention to call-up period, wages, availability, minimum call-up duration, and fixed hours.

Sales position

Attention to commission, bonus, targets, customers, non-compete clauses, and competition.

IT or creative role

Focus on IP, source code, content, confidentiality, data, and ancillary work.

Management position

Attention to bonus, confidentiality, non-compete clause, powers, and exit.


An employment contract must strictly adhere to the job function, collective labour agreement, and risk. Therefore, we examine contract duration, probationary period, salary, working hours, illness, confidentiality, intellectual property, non-competition, non-solicitation clauses, and termination.

Common mistakes in employment contracts

Things often go wrong with employment contracts because standard templates are used without labor law review.

  • Taking a trial period while it is not valid
  • Do not include an early termination option for a fixed term
  • Non-compete clause in a temporary contract without concrete justification
  • Forgot the collective labor agreement, pension, or mandatory employment conditions?
  • Do not adapt on-call contract to on-call rules
  • insufficient concrete regulation of bonus, commission, or fee
  • Formulating confidentiality and intellectual property too generally
  • Absolutely prohibit secondary employment without objective justification

Draft your employment contract properly and avoid unnecessary problems in the future. Good agreements prevent disputes regarding position, salary, probationary period, illness, non-competition, confidentiality, intellectual property, and termination.

What is an employment contract?

An agreement whereby the employee performs work in the service of the employer for wages and under the authority of the employer.

Must an employment contract be in writing?

Not always for the existence of the employment contract, but many important clauses must be recorded in writing.

When is a probationary period valid?

Only if this has been agreed in writing, is equal for both parties, and falls within legal limits.

Is a non-compete clause possible in a temporary contract?

Only under strict conditions, including a written justification of compelling business or service interests.

Can MKB Juristen review an existing employment contract?

Yes. We check, among other things, collective labour agreements, probationary periods, contract duration, wages, on-call duties, sickness, non-compete clauses, non-solicitation clauses, intellectual property, and termination.

Contact us

Annelore Hendriks

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SME Lawyers at the Chamber of Commerce Source: Chamber of Commerce 2019
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