Pogodba o zaposlitvi

A Dutch employment contract sets out the work, the pay and the terms on which the employment can end, within limits the law does not let you deviate from. We draft and review employment contracts for employers and employees, including international companies and expats. The first step is a free introductory meeting in which we look at the contract or the situation you want to arrange.

Ocena strank Law & More 9.6 od 10 naprej Klantenvertellen, nizozemska platforma za preglede (81 pregledov, od oktobra 2026).

S čim vam lahko pomagamo?

• drafting employment contracts and contract templates for your company;
• reviewing an employment contract before you sign it;
• assessing whether a fixed-term contract has become permanent under the chain rule;
• drafting or challenging a non-compete or non-solicitation clause;
• advising on probation periods and dismissal during probation;
• contracts for international employees and secondment;
• ending an employment contract with a settlement agreement.

Fixed-term or permanent: what is the difference?

A fixed-term contract ends automatically at the agreed date, while a permanent contract continues until it is terminated. Terminating a permanent contract requires a valid ground and, without consent, a UWV permit or a court decision.

A fixed-term contract of six months or more triggers a notice obligation (aanzegplicht). Under Article 7:668 of the Dutch Civil Code, the employer must inform the employee in writing, at least one month before the end date, whether the contract will be continued. If the employer fails to do so, it owes compensation of up to one month's salary.

Every employee whose contract is terminated or not renewed at the employer's initiative is generally entitled to a transition payment. It amounts to one third of a monthly salary per year of service. In 2026, it is capped at 102,000 euros gross, or one annual salary if that is higher. You can read Book 7 of the Civil Code on wetten.overheid.nl (v nizozemščini).

Kdaj pogodba za določen čas postane pogodba za nedoločen čas?

Under the chain rule in Article 7:668a of the Dutch Civil Code, a contract becomes permanent from the fourth fixed-term contract, or once the chain exceeds 36 months. A gap of more than six months between contracts breaks the chain.

A collective labour agreement (cao) may deviate from these limits within statutory bounds. The chain rule also applies when a new employer is a successor of the previous one, for example through a temporary employment agency. Read more about pogodbe o zaposlitvi za določen čas.

What are the rules for a probation period?

A probation period is only valid if it is agreed in writing and is the same for both parties. Its maximum length depends on the type and duration of the contract.

Under Article 7:652 of the Dutch Civil Code, the following maximums apply:

• contract of six months or less: no probation period allowed;
• fixed-term contract of more than six months but less than two years: maximum one month;
• fixed-term contract of two years or more, or a permanent contract: maximum two months.

A longer probation period than allowed is void in its entirety. During a valid probation period, both parties can end the contract with immediate effect. A dismissal for a discriminatory reason remains unlawful. See probation period: Dutch rules.

Kdaj je konkurenčna klavzula veljavna?

A non-compete clause is valid only if it is agreed in writing with an adult employee. In a fixed-term contract, the employer must also explain in writing why compelling business interests require the clause.

These requirements follow from Article 7:653 of the Dutch Civil Code. Without the written justification, a non-compete in a fixed-term contract is void. Even a valid clause can be set aside or limited by the court if it unfairly harms the employee's interests. A non-solicitation clause, which only bans approaching clients or colleagues, is treated in the same way.

Employers should tailor the scope, duration and area to what they actually need to protect. Read more in non-compete clause: what you need to know in klavzula o prepovedi nagovarjanja.

What should a Dutch employment contract contain?

A good contract records at least the parties, position, place of work, working hours, salary, holidays, notice periods and any applicable cao. The employer must also give the employee this essential information in writing under Article 7:655 of the Dutch Civil Code.

Some rules apply regardless of what the contract says. Employees build up statutory holiday of four times their weekly working hours per year, under Article 7:634 of the Dutch Civil Code. The statutory notice period for employers runs from one to four months, depending on the length of employment. For employees, it is one month.

For international employees, also arrange the applicable law, secondment, pension and, where relevant, the conditions of the residence permit. Our article on pogodbe o zaposlitvi na Nizozemskem gives a broader overview.

Kako poteka delo z Law & More delo?

1. Introductory meeting: free of charge. We discuss the contract or the employment situation you want to arrange.
2. Advice and cost estimate: we assess the contract against the law and any cao, and explain the costs.
3. Approach and negotiation: we draft or amend the contract, or negotiate with the other party.
4. Procedure or completion: we finalise the documents or, in a dispute, represent you before the subdistrict court.

What does an employment contract lawyer cost?

Delamo po urni postavki, o kateri se z vami dogovorimo vnaprej. Postavka za odvetnika znaša od 250 do 350 evrov brez DDV, za partnerja pa od 300 do 400 evrov brez DDV.

For drafting a contract or template, we can give you a cost estimate in advance. The introductory meeting is free of charge. A one-off advice meeting without further assistance costs 300 euros including VAT. External costs, such as the court fee (griffierecht), are charged separately. Legal aid exists through the Legal Aid Board (Raad voor Rechtsbijstand), but we do not work on that basis.

Kdo obravnava vaš primer?

Employment contracts are handled by our employment lawyers Aylin Acar and Michelle Marjanovic. You can find them on our stran ekipe. For dismissal and other employment disputes, see our pravnik za delo stran.

Pogosta vprašanja

Does a Dutch employment contract have to be in writing?

No, an employment contract can also be concluded orally. However, the employer must provide the essential terms in writing. Some clauses only work if they are in writing, such as a probation period and a non-compete clause. A written contract also prevents disputes about what was agreed.

How many fixed-term contracts can I get in the Netherlands?

By law, at most three fixed-term contracts within 36 months. The fourth contract, or a chain exceeding 36 months, is automatically permanent. A gap of more than six months breaks the chain. A collective labour agreement may set different limits within statutory bounds.

Can my employer extend my probation period?

No. The probation period applies once, at the start of the employment, and cannot be extended beyond the statutory maximum. A probation period in a new contract with the same employer is generally only allowed if the new position requires clearly different skills or responsibilities.

Is a non-compete clause in a fixed-term contract valid?

Only if the employer explains in writing, in the contract, why compelling business interests make the clause necessary. Without that justification, the clause is void. Even with it, the court can limit or set aside the clause if it unfairly restricts the employee.

Am I entitled to a transition payment if my fixed-term contract is not renewed?

Yes, generally, if the employer decides not to renew. The transition payment is one third of a monthly salary per year of service. In 2026, the cap is 102,000 euros gross, or one annual salary if that is higher. There are exceptions, for example for serious culpable conduct.

What is the notice period for a Dutch employment contract?

For employees, the statutory notice period is one month. For employers, it ranges from one month to four months, depending on how long the employment has lasted. The contract or cao may provide otherwise within statutory limits. Notice usually runs to the end of a calendar month.

Ste v dvomih glede svojega položaja? Povejte nam o svoji situaciji. V enem delovnem dnevu vam bomo sporočili, kakšne so vaše možnosti. Uporabite naše kontaktni formular, pokličite +31 40 369 06 80 ali pišite na e-pošto info@lawandmore.nl.

Law & More, Marconilaan 13, 5612 HM Eindhoven (+31 40 369 06 80) in obisk lokacije Pietersbergweg 291, 1105 BM Amsterdam (+31 20 369 71 21). Na voljo od ponedeljka do petka od 8.00 do 22.00, v soboto in nedeljo od 9.00 do 17.00.

Ta stran vsebuje splošne informacije in ne nadomešča nasvetov o vaši specifični situaciji.