Working under an employment contract
You are an employee if you work for someone else (an employer), for a monthly salary, during agreed working hours per week, do a certain job and you do it yourself. The employer is legaly ‘the boss’: in the end you are hired for a certain job and can tell you what to do and how to do that. Obviously some jobs require (artistic) freedom. Work under an employment contract requires personal labour: you can not ask a friend to do the job for you.
Checklist employment contract
Oral agreements are valid but difficult to prove. Make sure you have the agreements in writing before you start working.
- Who is your employer?
Who exactly is employing you? Is your employer a person at law or a natural person?
- What is your position?
What are your duties and responsibilities?
- Wat are the financial agreements?
Agree on gross salary, pension arrangements and expenses.
- Working hours, holiday
Will you work full time or part time, how many hours per week?
What is your holiday entitlement?
- Fixed-term or permanent contract?
If you have a few fixed-term contracts in a certain period, it can become a permanent contract. This is important to know regarding unemployment benefits. Don't forget the probationary period.
- What collective agreement (cao), if any, is applicable?
A cao contains pay scales and sometimes dfferent arrangements about how many fixed-term contracts are allowed before it will be legally considered a permament contract.
- Other work
Are you allowed to take on other jobs?
Differences between employee and entrepreneur
- is still entitled to a salary when he is ill,
- may apply for benefits such as unemployment (WW) and incapacity (WIA) benefits,
- is only liable for causing damage to the employer, collegues or others in case of intention or serious misconduct,
- is protected in case of accidents and occupational diseases. The employer has to pay for damage,
- is entitled to a safe working envirinment because of the 'safety at work act' (Arbowet),
- will receive a net salary, the employer will deduct the wage tax from the gross salary,
- cannot be dismissed 'just like that', the law is meant to protect employees.
The above does not apply if you work with an assignment contract.