Contracts

No two people are the same, just like no two jobs are the same, and a solid employment contract that is appropriate for the person and the position is therefore vital. We have extensive experience in drafting personalised employment contracts. We can ensure, for example, that the content of the employment contracts matches the terms of the Collective Agreement to which your company might be subject. If you use an employee handbook within your company, we will also ensure that your employment contracts do not contain any provisions that are also included in the employee handbook. This way, you can be certain that any employment contract you enter into is geared to the individual needs of you and your employee.

All companies have their own internal rules, including what arrangements your employees must make when taking sick leave, how they must notify their employer, to what sick leave policies they are subject, what happens to their annual leave allowance, etc. Putting clear rules in place prevents endless discussions in the event of a conflict or dispute. In court cases, too, employers are in a stronger position if the rules have been clearly documented. It is therefore important to ensure that it is clear within your company what rules are in place. As always, we can assist you in this process by reviewing your employee handbook.

Teleworking has taken off as a result of the Covid-19 pandemic. But did you know that even when employees are working from home, their employer is responsible for ensuring a safe and healthy work environment? Not all rules that apply in the office also apply at home, but here are two important rules that do apply:

1. The obligation to provide an ergonomically designed workspace and

2. Maintaining a policy for psychosocial well-being in the workplace.

For example, employers have a duty of care to provide furniture for homeworking purposes. We therefore recommend that you agree with your employees on terms for setting up their home office and formalise this in a work-form-home policy. This policy may also contain terms on availability and accessibility, compensation, and rules for hybrid work. This makes it clear what the employee and the employer can expect from one another.

Many companies provide their employees with a company vehicle. It is important to agree on clear terms when negotiating these lease contracts and to document the applicable rules. There is the question, for example, of whether employees are authorised to use the vehicle for business purposes only or for personal purposes as well. What about using the car outside the Netherlands? Will all fuel expenses be reimbursed? Is the company authorised to confiscate the vehicle if the employee is suspended or takes long-term sick leave? Putting clear rules in place prevents any misunderstandings, so feel free to contact us regarding the legal aspects of any vehicle leasing issues.

If a company hires the services of volunteers, it is important to clearly establish the status of these voluntary workers, what their work involves, and whether they are entitled to reimbursement of expenses.  A solid contract is essential in this case.