Arbeidsovereenkomst & -contract

A probationary period clause is a commonly used clause in employment contracts. It is intended to give both employers and employees the opportunity to decide during a certain period whether the cooperation is satisfactory. During this trial period, the employer can dismiss the employee without giving any reason. As an employee, you can decide to terminate the contract yourself during this period. The duration of the probationary period varies by sector and can vary between one day to a maximum of two months. It is important to know that agreements on a probationary period clause should always be made by mutual agreement and recorded in writing.

A non-competition clause is a provision in an employment contract stating that, after the end of his employment, an employee may not work for a competitor or start his own business that is competitive with the former employer. The purpose of a non-competition clause is to protect the employer's business interests and prevent the employee from using his acquired knowledge and experience in competition. A non-competition clause may only be included if there is a compelling business or service interest and it must be reasonable in terms of duration, geographical scope and the nature of the work. Employers often use non-competition clauses, but courts look critically at their legality.

A non-solicitation clause is a clause that sets out agreements on the contact between the employee and the employer's customers or relations after the end of employment. The purpose of a relation clause is to prevent an employee from contacting the employer's customers or relations directly after leaving the employer, thus enabling competition or disclosing confidential information. Case law has shown that a non-solicitation clause is often allowed, provided it is agreed in writing and specifies the interests the employer wants to protect.

The confidentiality clause is a clause stipulating that certain information must be kept secret. This may include, for example, trade secrets, personal information or confidential data. The purpose of a confidentiality clause is to ensure that confidential information is not disseminated or leaked to third parties. It is an important measure that companies and organisations take to protect their information and ensure people's privacy. In some cases, breaching a confidentiality clause can even lead to legal action. So it is very important to take a confidentiality clause seriously and handle it carefully.

The unilateral amendment clause gives the employer the right to unilaterally change the terms of employment. This means that the employer can change working hours, salary or position, for example, without consulting the employee. This can be disadvantageous for employees, as they have no say in the changes and so they may come unexpectedly. A unilateral change clause may not just be included in a contract and must meet certain conditions to be valid. Employers should therefore handle unilateral changes carefully and employees should be alert to the presence of such clauses in their contracts.

An intellectual property clause is a contractual clause that defines the rights and obligations relating to intellectual property. This involves protecting creative and innovative products that originate from the mind of a person or organisation. Examples include inventions, texts, photos and software. The clause regulates who owns these products and who gets the rights to use or distribute them. This is important to prevent others from making unauthorised use of your intellectual property or you yourself from unintentionally infringing the rights of others. A properly drafted intellectual property clause is therefore an important agreement for many companies and creatives that ensures protection and clarity.

An ancillary activities clause is a clause that stipulates that an employee may not engage in ancillary activities during his contractual obligations that conflict with the employer's interest. The purpose of this provision is to protect the employer from competition or conflicts of interest that may arise when an employee works for several companies at the same time. The ancillary employment clause should be clearly and comprehensibly worded and should not unnecessarily restrict the employee's personal and professional development away from the employer. It is therefore important that both employer and employee are aware of the content and consequences of this clause before signing an employment contract.