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New job? Do the five point check
2019-12-04 | By GMW Lawyers
Being offered a new job is exciting, especially when it offers the next step to your career. You may want to sign the new contract immediately to secure the deal–but before you do, take a moment to quickly check these five points. They are key to your future rights at work.
1 Check the law
If you work in the Netherlands, Dutch employment law will often apply in full or in part to your employment, even if the law of another country is declared applicable in your employment contract. This is important as the applicable law determines your rights, and employees enjoy very strong legal protection under Dutch law.
2 Check the non-compete clause
If your previous employment contract included a non-compete clause, check that it does not prohibit you from accepting this new job. If your new employment contract contains a non-compete clause, check this too before signing. Do not violate your non-competition or client relations clauses. Doing so will incur heavy penalties. Instead, try to negotiate these clauses upfront, or seek legal advice if you feel an existing non-compete clause is invalid or unreasonably restrictive.
3 Check the job description
Pay particular attention to the job description in your contract. When you sign, you are legally committing to these duties and responsibilities.
Your job description can also be used in performance appraisals or, in case of a future dispute, as evidence of the scope of your role.
4 Check the term(ination)
Is your contract an offer for permanent employment or for temporary employment? If there is an end date in your contract then it is for a fixed term, so it is a temporary employment contract. If your contract has no end date, or states that the offer is for an undetermined duration, then it is an offer for permanent employment. Your employment type determines how you and/or your employer can terminate the contract.
5 Check the holiday allowance
If you work a 40-hour week, then you are entitled to 20 holidays per year, as well as national holidays and company holidays. Vacation money comprises eight percent of your annual salary, which is often paid out annually. As such, your holiday allowance and vacation money are a valuable part of your new job offer.
Still unsure? Get advice
If your new contract does not contain these five points, or if you are concerned about another clause in your employment contract, please contact us. Our experts in employment law can give you the insight and answers to understand your legal position before you begin.
Godelijn Boonman is an expert in international employment law at GMW lawyers. Godelijn advises and litigates for both domestic and international companies, organisations, embassies and employees. A bilingual expat herself, Godelijn Boonman is considered an employment law specialist for the international community.
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