On the work floor

Employment contracts

Is it permissible for my employer to go back on a commitment to extend my contract or increase my hours?

A commitment or promise counts as an offer. If you have agreed to this offer, this will in principle lead to a new employment contract. Your employer cannot simply go back on this.

Your employer agreed to extend your fixed-term contract but has now decided not to. Are they allowed to do this?

A commitment or promise counts as an offer. If you have agreed to this offer, this will in principle lead to a new employment contract. Your employer cannot simply go back on this.

Can my fixed-term contract not be extended, is that allowed?

This is allowed. If your temporary contract is not extended, there is no notice period. Your employer must clearly inform you one month before the contract expires whether the contract will be extended or not. This is the notice period. If they don't? Then they must pay you compensation of a maximum of 1 month's salary. Your employer is only required to adhere to this notice obligation if your contract lasts for six months or longer. Do you continue to work after the end date? Then this is a tacit renewal. The employment contract is automatically extended for the same period, with a maximum of one year.

If your temporary contract is not extended, you may be entitled to a Severance pay

Am I obliged to continue working, now that my employment may soon end?

Yes, you are obliged to continue working. After all, your employment contract is still ongoing with all the rights and obligations that arise from it, including the obligation to work.

Has your temporary employment not been extended, even though your employer previously indicated your contract would be extended?

Check if the notice period has been taken into account. This means that your employer must inform you in writing at least 1 month before the end of the contract whether the contract will be extended and, if so, under what conditions the contract will be continued. Your employer is only required to comply with this notice obligation if your contract lasts for 6 months or longer. If your employer does not inform you in time whether your employment contract will be continued, your employer will owe you compensation. This compensation will be a maximum of one month's salary and will be calculated on a pro rata basis. For example: if your employer is two weeks late with the notice, this means compensation of two weeks' salary. Please note that you must claim this compensation within 2 months of the termination of your contract. Always check your employment contract to see if a clause has been included that already incorporates the notice obligation. If your employment contract states that your contract will not be renewed after its expiry, then the notice obligation has already been met.

Een tijdelijke arbeidsovereenkomst is een arbeidsovereenkomst voor bepaalde tijd. Dit betekent dat de overeenkomst op of na een bepaalde datum eindigt, of dat deze eindigt bij het voltooien van een specifiek project.

If you receive a wage as an employee and are employed by an employer, you have an employment contract. This is a reciprocal agreement between you and your employer, which means that rights and obligations apply to both you and your employer. A fixed-term employment contract contains at least the same points as a standard employment contract, except that a fixed-term contract only applies for a specific period. This can be for a few months, but also for a year or for the duration of a project.

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A zero-hours contract is a type of employment contract where the employer does not guarantee any minimum number of working hours. The worker is only paid for the hours they actually work.

A zero-hours contract is an employment contract with a deferred performance obligation, where the number of hours to be worked per period has not been agreed upon. Your employer can call you in if they need you, and you will only be paid for your worked hours. However, you must remain available for calls from your employer, and you are generally obliged to work when called.

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Non-compete and non-solicitation clauses

Can an employer agree to a non-competition clause?

A non-compete clause is only valid if it has been agreed upon in writing and if you are of legal age as an employee.
In a contract of employment for an indefinite period, the employer may include a non-competition clause. In a contract of employment for a fixed term, a non-competition clause may only be included if your employer provides a written justification explaining the compelling business or service interests that make *the non-competition clause necessary for you*. If this justification is missing from your fixed-term contract, the clause is therefore invalid (void). Please note, however, that your collective labour agreement (CLA) may contain agreements stipulating that a non-competition clause may not be included for specific roles, regardless of the duration of your contract. -> CLA article 4.7

Een concurrentiebeding is een clausule in een arbeidsovereenkomst of koopovereenkomst die een werknemer of verkoper verbiedt om na het einde van de overeenkomst voor een bepaalde periode en binnen een bepaald geografisch gebied in concurrentie te treden met de voormalige werkgever of koper.

A non-compete clause is a special provision in an employment contract that limits your options after the employment contract between you and your employer ends. For example, a non-compete clause can restrict you in terms of the work you can perform for a new employer, as well as the industry or type of company you wish to work for.

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Een relatiebeding is een bepaling in een arbeidsovereenkomst of een contract dat een werknemer of een contractpartij verbiedt om contact te onderhouden met klanten, leveranciers of andere relaties van de werkgever of contractpartij, gedurende een bepaalde periode na het einde van het dienstverband of contract.

As an employer, you hire employees. These employees come into contact with your customers. When these employees leave your employment, it is in fact easy for them to take those customers with them or to approach them. To prevent this, an employer can include a non-solicitation clause (relatiebeding) in your contract.

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Can my employer offer me a non-compete clause?

Yes. An employer may agree to a non-compete clause with you, provided that it happens under certain conditions. For example, a non-compete clause is only valid if it has been agreed in writing and when you are an adult employee. Furthermore, a non-compete clause may only be included in employment contracts for an indefinite period.

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What can I do to get rid of my non-compete clause?

It may happen that you want to get out of your non-compete clause. You want to work for another party, or perhaps you want to start your own business. When you make this decision, it is first important to check whether the non-compete clause included is legally valid.

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Een concurrentiebeding voorkomt dat een werknemer na beëindiging van het dienstverband bij een directe concurrent gaat werken. Een verbod op nevenwerkzaamheden verbiedt een werknemer om naast zijn/haar hoofdbaan andere (betaalde of onbetaalde) werkzaamheden te verrichten.

The main difference between a non-competition clause and a prohibition on secondary employment is, in fact, that a prohibition on secondary employment applies during your employment contract, whereas a non-competition clause applies after your employment contract ends.

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Goon

How much can I earn in my role?

The law does not specify how much you must earn when you hold a specific position. If a collective labour agreement (CLA) applies, your employer must adhere to the job classification and corresponding wage scales of the relevant CLA. Is no CLA applicable? Then you can, in principle, negotiate the amount of your salary with your employer. This so-called salary negotiation comes from both sides. You, as an employee, naturally have your demands and wishes, but so does your employer. The only thing your (potential) employer must take into account is the statutory minimum wage (SMW).

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What is the statutory minimum wage?

To combat underpayment, the law stipulates that employees are entitled to a statutory minimum wage based on their age. This is separate from their job title and experience. The statutory minimum wage (WML) is the gross wage that employees aged 21 or over must earn. For employees aged 15 to 20, the statutory minimum youth wages apply. These wages are adjusted twice a year, in January and July.

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Do I have the right to be paid during my break?

No. In principle, you are not entitled to pay during breaks. After all, you are not working. The Working Time Act therefore contains nothing regarding continued payment during breaks.

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Am I entitled to continued pay if I don't work on a public holiday?

Contrary to what is often expected, there is no legal provision for employees stating that public holidays are days off. You can check your employment contract, collective labour agreement or staff handbook to see if you have the day off on a public holiday and under what conditions your pay will continue. Whether your pay is continued during public holidays therefore depends on your individual circumstances.

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Can I apply the tax credit with multiple employers simultaneously?

No, this is not possible. You can only have the tax credit applied by one employer. You need to take this into account when filling out the tax declaration. It is best to have the tax credit applied by the employer where you receive the highest salary.

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Probationary period

Can they dismiss me during my probationary period?

Yes, your employer is allowed to terminate the employment – without giving a reason – if you are in your probationary period. Nevertheless, you can try to open a discussion with your employer: perhaps you can find a way together for you to continue working there.

A probationary period

You can view a probationary period as an agreed-upon time during which the employee and employer get to know each other. During this probationary period, both the employee and employer can terminate the employment contract with immediate effect.

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Can a probationary period be included in a temporary contract?

Whether a probationary period can be included in a fixed-term contract depends on the duration of your contract and whether a collective labour agreement or HR policy applies. In principle, no probationary period may be agreed for fixed-term employment contracts of 6 months or shorter. This also applies to fixed-term employment contracts where no end date has been agreed, such as for the duration of a project.

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I have a permanent contract. How long can the probationary period be?

When you are given a fixed-term contract or an employment contract for an indefinite period, a probationary period of a maximum of 2 months can be agreed upon. Your employer must record this in writing.

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Can a probationary period be included again if my temporary contract is extended?

If your fixed-term contract or employment agreement is subsequently extended, a probationary period generally cannot be included in the renewed employment agreement. There is one exception: if your subsequent employment agreement involves a completely different role, with different duties and responsibilities, then a probationary period may be included again.

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I first worked on a temporary basis and then received a direct contract with the client. Do I have a probationary period then?

When you have initially worked on a temporary basis, but are then directly offered a contract by the client for the same position, no probationary period may be included. The position is the same, the duties are the same, and the client and you already know each other.

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I am in my probation period. Do I have a notice period?

No. If you are in your probationary period, you can terminate your contract at any time during the probationary period. If you choose to do so, your employment will end immediately. Please remember to terminate your employment in writing, as your termination will otherwise not be valid.

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Working hours

Can my employer change my working hours?

No, that's not allowed just like that. You can decide together to adjust your working hours, for example, to ensure better distribution on the work floor.

Is the on-call allowance inclusive of hours worked?

If you are called during on-call duty and actually have to work, you should also be paid for the hours worked, possibly at special rates if applicable. This applies, for example, when working on a Sunday if that is not a working day for you at that time. The on-call duty allowance may, for example, include working time if you are called during this duty and have a conversation lasting a few minutes.

Where are the rules about my working hours laid down?

working hours regulations are described in the Working Hours Act, as well as matters concerning rest periods, night shifts, on-call duties, and working on Sundays. These rules apply not only to contracted employees over 18 years of age (and young people aged 16 and 17), but also to trainees, temporary staff, and seconded employees.

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May I work without taking a break?

Taking a break is mandatory. After 5.5 hours of work, you are officially entitled to a break. This 5.5 hours of work is actually the maximum number of hours you can work without a break, as otherwise you will lose your sharpness. If you work longer than 5.5 hours, you are entitled to a minimum of 30 minutes break. If you work longer than 10 hours, you are entitled to 45 minutes break. This arrangement may be deviated from in a collective labour agreement.

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Am I obliged to work on Sundays?

Whether an employer can require you to work on a Sunday depends on your collective labour agreement (cao), employment contract, or internal company regulations. Working on a Sunday is generally voluntary, unless otherwise stated. Your employer can also agree with the works council or staff representation that you must work on a Sunday.

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Is my travel time also working time?

The travel time between your home and work is often not considered working time. It is only when there is a work assignment and you have to travel from one location to another at the request of your employer that it is often considered working time. It is important to check your employment contract, collective labour agreement, or internal company regulations to see if any agreements have been made about travel time if you have to travel a lot for your work. Commuting to and from work is working time in the following cases:

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What about overtime?

There is no specific legislation for overtime. When your employer asks you to work overtime, you cannot simply refuse the request. The number of hours you are allowed to work is of course laid down in the Working Hours Act, but agreements regarding overtime are often laid down in your collective labour agreement, employment contract, or internal company regulations.

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What can I do if I want to work part-time?

You want to work part-time. Is that simply possible? Yes, in fact, it is. The Flexible Working Act gives you the possibility to work fewer hours based on a number of conditions. One of these conditions is that you submit a written request to your employer to adjust your working hours.

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