Advice at the start, during and at the end of your job

Employment law is not only about litigation after a working relationship has broken down. Questions can already arise when you accept a job: which hours are guaranteed, which bonus scheme applies and what happens when an assignment ends? During employment, duties can change, illness can occur or criticism of your performance can arise. On leaving, rights and obligations must then be settled carefully.

We can assess your situation at each of those moments. In doing so, we distinguish between advice on a single document and handling a broader dispute. Sometimes a targeted amendment is enough. In other cases, the correspondence, contract history and actual course of events must be examined before responsible advice is possible.

The national employment law page gives an overview of the topics. On this Eindhoven page you will mainly find explanations about contracts, changes of position, exit arrangements and the overlap with illness or an international employment relationship.

Having your employment contract assessed before you sign

Read an employment contract together with the documents it refers to. A staff handbook, bonus scheme, collective labour agreement (cao) or separate study cost agreement can contain important conditions that are not in the main text. Also check whether terms discussed orally have actually been recorded. Think of the number of hours, the place of work, working from home, an evaluation moment or a salary adjustment.

Your intended duties and circumstances are relevant to the assessment. A clause about working at clients’ premises can have different consequences from a fixed workplace. A fixed-term contract raises questions about early termination. A bonus scheme may call for a separate assessment of its conditions and payment dates. The aim is not to make every contract unnecessarily complicated, but to recognise the points that make a difference to you.

A probationary period clause also deserves attention. Not every agreed probationary period is valid; for example, no probationary period may be agreed in a fixed-term contract of six months or less. Read the general explanation by Rijksoverheid of the probationary period. In a specific assessment, we look at the entire agreement and any previous employment.

New position, different duties or criticism of your performance

An employer may propose that you take on a different role or that your duties change. The difference between a proposal and an instruction is not always clear. So ask which change is meant, from when, and with what consequences for pay, hours and responsibilities. What your current contract says about the position and changes to it also matters.

When criticism of your performance is raised, collect previous appraisals, job descriptions and agreements about targets. A well-founded response states which criticism you recognise, which you do not and what information is missing. Simply reacting angrily or denying everything without explanation usually does not help to obtain clarity. It may be wise to correct a report before an incomplete picture becomes fixed in the file.

In a possible dismissal for poor performance, relevant factors include prior information, guidance and the opportunity to improve. The UWV information on personal grounds for dismissal provides the general context. An improvement plan is not automatically sufficient for dismissal, but neither is it automatically pointless. We assess its content and your options for responding to it.

Settlement agreement: look beyond the payment

In a settlement agreement, the employer and employee record the terms of their parting. A proposal may seem attractive because of the amount offered, while important subjects are missing. Think of the end date, pay up to that date, holiday entitlement, variable pay, legal costs and arrangements for looking for other work.

In a termination by mutual consent, the statutory transition payment is not automatically owed. A termination payment can, however, be agreed. To assess the negotiating position, the alternative must also be considered: which dismissal route could the employer follow, what is the justification and what interests do you have in staying on or leaving? A standard calculation does not answer those questions.

Also have it assessed what a full and final discharge means for claims still outstanding. Has overtime been paid? Has a bonus already been settled? Is there a dispute about study costs? Record any exceptions clearly. An agreement in which a subject is unintentionally signed away can be harder to correct later than an incomplete draft before signing.

Found a new job: record the move carefully

Fictitious example: an employee is released from work and finds a new job before the agreed end date. The draft says nothing about leaving earlier or keeping the payment. Before the employee agrees to start on a particular date, the existing contract and the exit arrangement must be looked at. Otherwise a dispute about pay or other obligations may still arise. This example is illustrative and not a case of one of our clients.

Possible consequences for unemployment benefit (WW) also need attention. UWV assesses, among other things, the actual reason for the termination, the notice period and the other benefit conditions. An agreement gives no guaranteed right to WW. The UWV explanation of WW after dismissal is a useful general source, but does not replace an assessment of your personal situation.

Non-compete clause, non-solicitation clause and confidential information

Do you want to move to another employer or start your own business? Then check which obligations continue to apply after you leave. A non-compete clause can restrict activities; a non-solicitation clause can concern certain clients or contacts. In addition, there may be agreements about confidentiality and returning data. These subjects are not interchangeable.

In the assessment, the exact wording, duration, scope and any penalties are important. For a non-compete clause in a fixed-term contract, additional requirements apply, including a written statement of compelling business or service interests. It does not follow that every clause in a fixed-term contract is invalid as a general rule. See the Rijksoverheid explanation of the non-compete clause.

A practical outcome may consist of a written release for a specific intended move. So indicate where you want to work and what work you will do. Do not take client files or other confidential business information with you in preparation for a dispute. Discuss which documents about your own employment relationship are needed and how they can lawfully be kept.

Secondment or agency work: distinguishing the contract from the assignment

Do you work on a project at a company other than the party that pays your salary? Then it must be examined how the employment relationship is legally structured. The label ‘secondment’ does not by itself answer every question. Who is your employer, which collective labour agreement applies, which hours were agreed and which provisions relate to the end of the assignment?

A client can stop a project without all of the employer’s obligations automatically disappearing as a result. Conversely, the agreement may contain specific provisions that are relevant to follow-on work and pay. So in addition to your contract, also provide assignment confirmations, extensions and messages about the end of the placement.

With flexible hours, there may also be questions about calls to work, the scope of employment or an offer of fixed hours. See our information on agency workers and min-max contracts. The assessment must fit the actual employment relationship, not just the commercial label the parties use.

Illness and reintegration: identify the right question

Are you ill and is there a dispute about returning to work or a wage sanction? Then it matters which question still has to be answered. Medical capacity for work, the suitability of the work offered and the efforts of the parties are connected, but they are different subjects. An employment lawyer does not replace the company doctor; legal advice can, however, help determine which next step is appropriate.

A second opinion on the company doctor’s advice is something different from an expert opinion (deskundigenoordeel) by UWV. A second opinion does not automatically suspend current reintegration arrangements. The Arboportaal explanation of the second opinion describes this option. So discuss how you will comply with the applicable arrangements in the meantime.

If you receive a termination proposal while you are ill, have it examined explicitly what agreeing means for your pay and any benefit. Also mention an upcoming end date of a fixed-term contract. Our page on dismissal and illness provides further background. It is important not to sign merely because you think the employment dispute will finally be over.

International employer or agreements in English

An international environment can bring additional documents and legal questions. For example, an employer may put a foreign group company on the contract while you mainly work in the Netherlands. A scheme for variable pay or shares may also refer to other conditions. These circumstances deserve investigation; the language of the agreement does not by itself determine the applicable law.

At the intake, state where you usually work, for which party, and whether you are regularly active in other countries. A choice of law, a foreign scheme or a social security question may require additional expertise. Residence or tax aspects are not automatically resolved by a letter on employment law or an amended exit arrangement.

Within Arslan Advocaten, support is available in Dutch, English, Turkish and Polish. State your language preference when making the appointment. We agree how the explanation can be given in an understandable way, so that you know not only which signature is being asked for, but also which choices you are really making.

From first question to a confirmed engagement

The first meeting is free of charge and helps map out your question, the parties involved and any deadlines. We then determine which documents are needed, whether the engagement can be accepted and what work will be carried out. Merely sending documents does not mean that your case has been taken on. In an urgent matter, have it confirmed who is taking care of the necessary action and monitoring of deadlines.

For further assistance, we discuss the costs and possible funding. With a settlement agreement, an employer’s contribution may be a subject of negotiation. Legal expenses insurance may provide cover subject to conditions. Subsidised legal aid depends on factors including income, assets and the importance of the case; the Legal Aid Board (Raad voor Rechtsbijstand) decides. Even then, a personal contribution and other costs may apply. See the explanation of the costs of legal aid.

We discuss the aim of the approach, the available evidence and the risks. Sometimes negotiation is appropriate, sometimes a substantive response and sometimes proceedings. An employer can also ask for advice, provided assistance is possible and there is no conflict of interest. No outcome or payment is guaranteed.

Contact with our office in Eindhoven

Our office in Eindhoven is at Croy 7C, 5653 LC Eindhoven. Colleagues of Arslan Advocaten work here. Within our team, we agree who will handle your employment law question. Call 040 711 3099 to arrange a meeting and pass on any deadline straight away.

See the Eindhoven location page and the profile of employment lawyer Onur Arslan. Bring the complete contract or proposal, including appendices. A short timeline and your main questions help to keep the meeting focused.

Frequently asked questions about employment law in Eindhoven