PROBATIONARY PERIOD
Under employment laws, for an indefinite period Netherlands employment agreement, two months is the maximum probationary period. Specification of a greater period will result in there being no probationary period at all.
REINSTATEMENT
If the employer seeks termination of employment in Netherlands by judicial order, the court may order reinstatement and that the parties make a good faith effort to make the employment succeed. An employer found not to make such an effort can incur substantial financial penalties.
The Employment Relationship in the Netherlands
The Dutch Civil Code contains general rules on Netherlands employment contracts. In practice, it may be difficult to distinguish under the law between employment contracts on the one hand and comparable personal services on the other hand. Under employment laws the distinction, nevertheless, is an important one, because many of the statutory provisions for Netherlands employment contracts are binding on the parties, deviations from these being void.
The Netherlands Employment Agreement
Under Netherlands employment law a Netherlands employment agreement need not be in writing, although the employer is obliged to provide the employee with a notification in writing, containing the essential parts of the employment agreement. Under employment laws some obligations however, are valid only if accepted in writing. An important example of that latter is provided by so called non-competition clauses, which are allowed under Netherlands employment law. Noncompetition clauses may be annulled or moderated by the competent court, if equity demands so. The Netherlands probationary period has to be agreed in writing in the employment agreement as well.
Terminating the Netherlands Employment Agreement
Under Netherlands employment law in the absence of mutual agreement or cause, an employer may not