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.
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.