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Negotiating your terms of employment

March 04 2021
Read terms of employment

Are you applying for a new job? Then there is often an employment conditions meeting, in which you negotiate your new contract and employment conditions. This interview can go differently if you come from a different job than if you are on unemployment benefit. Yet there are elements that usually come back in such a negotiation. In this article you will find these in a row, including a few tips and points of attention.

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Permanent or temporary contract

In general, there are two types of contracts that you can be offered: for a fixed period and for an indefinite period. Your employer cannot simply cancel a permanent contract, a temporary contract will expire. Does your employment last six months or longer? Then there is a notification obligation: your employer must indicate in writing in your contract at least one month before the end date whether your agreement will be extended. This notification may also already be included in your contract. Then you know in advance that your employer will in principle not offer you an extension.

Are you coming off a permanent contract, are you now getting one for less than six months and are you fired? Then this can cause problems with your unemployment benefit. 

Probation

There is often a probationary period in a new contract. Is it a temporary contract with no end date or for longer than six months and less than two years? Then the probationary period may last a maximum of one month. The probationary period may last a maximum of two months for temporary contracts of at least two years and permanent contracts. It can be an advantage not to be on probation. Does that apply to you? Then you can try to negotiate this out. Always check the applicable collective labor agreement. This may include deviating rules about the probationary period.

Non-competition clause

Your contract may contain a non-competition clause: this stipulates that after your employment you are not allowed to work for a competitor for a certain period of time. Such a clause may always be in a permanent contract, unless you are a minor. In a temporary contract this may only be included if there is a compelling business or service interest. The substantiation of this must be in the contract, otherwise the clause will not be valid. A non-competition clause can be too strict, limiting your future options. So pay attention to this during the negotiation, and do not think that it will be easy how strict your employer adheres to you.

Salary

When calculating your salary, your employer looks at your duties, age and experience, among other things. These are also roughly the arguments you can use to get more out of it. In addition, think of your education and working hours. Also let your employer indicate whether the stated salary is based on full-time or part-time. Sometimes the salary is based on agreements in a collective labor agreement: in some collective agreements this may be deviated from in your favor, in others not. Can your salary really not be higher? Then you can always make agreements to compensate this with more vacation days, a lease car, pension scheme, thirteenth month, profit sharing or bonus.

Retirement

Check carefully whether your employer offers a pension scheme. It can be very expensive to pay for these yourself.

Collective labor agreement and company regulations

If there is a collective labor agreement or company regulations, many employment conditions have already been arranged. For example, how many vacation days you get on top of the legal vacation days.

Fixed parts contract

A contract must legally contain the following elements:

  • your name and place of residence
  • the name and location of your employer
  • the place (s) where you work
  • your position or duties
  • the date on which you start working
  • the duration of your contract
  • how many hours you work and per which period
  • the amount of your salary and when it will be paid
  • the length of any probationary period
  • the amount of your holiday allowance
  • your number of vacation days
  • the duration of your notice period
  • your pension scheme if it has been arranged through your employer
  • any non-competition clause
  • the collective labor agreement if applicable

Tips and points for attention

  • Ask about the possibilities to work flexibly or from home.
  • Are there any reimbursements for your commuting, telephone use or other costs?
  • Is there work clothing or a company laptop, telephone or iPad?
  • Is a company car possible or relevant? And if so, what does the lease scheme look like?
  • Are there collective insurance policies, for example for healthcare?
  • Discuss whether any adjustments to the workplace are necessary for you.
  • Investigate your learning options: are study costs reimbursed, are there internal courses and can you learn during working hours?
  • Do not create expectations that you cannot live up to.
  • Does your employer ask you to cooperate for a few days? Make sure that your contract has already been signed and that you are paid.
  • Before the negotiation, list your qualities, relevant results and education / courses.
  • Determine in advance on which points you are willing to make concessions, on which ones you are not and where your limits lie.
  • Indicate what you do not agree with, ask why your employer wants to stick to this and offer an alternative.
  • Feel free to ask for a cooling-off period for a few days.

Help with your terms of employment

Do you want to know for sure where you stand during your new employment? Ask our legal specialists to check your employment conditions. They check that your contract is valid, complete, clear and fair. If not? Then they will let you know what you can negotiate - and how best to go about it.

More information

Do you have questions about your employment conditions meeting or this article? Don't hesitate to ask them. Our Service Center is available every working day from 8.00 a.m. to 18.00 p.m. via sc@unie.nl and 0345 851 963.

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