For employers and employees
Employment contracts made simple
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Hiring an employee
Changing the employment
Ending the employment
Working together without an employment contract
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Applies in every employment contract
Even when the contract doesn't say so.
- 4 monthsof probation, unless a shorter one was agreedECA § 10¹
- 40 hoursa week is full-time workECA § 43
- 28 daysof annual holidayECA § 55
Is it an employment contract?
The title doesn't matter. What matters is how the work is done.
- You direct and control how the work is doneEmployment contract
- You pay for a specific resultContract for work
- You pay for a service without a promised resultAuthorisation agreement (contract for services)
What the contract must say
The Employment Contracts Act requires these details (ECA § 5).
- Parties
- Start date
- Duties
- Pay and payday
- Working hours
- Place of work
- Holidays
- Probation
- Termination procedure
- Work rules
How much notice?
Notice of termination must be in writing, for example by e-mail. Otherwise it is void (ECA § 95).
On redundancy the employer pays compensation of one month's average pay (ECA § 100).
Questions
What types of employment contract are there?
By duration an employment contract is open-ended or fixed-term, by working time full-time or part-time. An employment contract is presumed to be open-ended and full-time. Agreements can also be made alongside the employment contract, for example on remote work or a non-compete, and terms can be changed with an agreement amending the employment contract.
Does an employment contract have to be in writing?
Yes, an employment contract is made in writing (ECA § 4). Not following the form does not make the contract void: an employment contract is deemed to be made also when the employee starts doing work that can only be expected for pay. A contract signed by hand on paper and one signed digitally are equivalent.
How long is the probation period?
Four months from starting work, unless the contract agrees a shorter probation period or none at all. For a fixed-term contract of up to eight months, the probation period is at most half the length of the contract. Time when the employee was, for example, ill or on holiday is not counted in the probation period (ECA § 10¹).
How long can a fixed-term employment contract last?
Up to five years. If a fixed-term contract for similar work is made more than twice in a row, or extended more than once within five years, the employment is deemed open-ended from the start. Contracts with a gap of up to two months between them count as consecutive (ECA § 9, § 10).
What happens if the employee keeps working after a fixed-term contract ends?
Then the contract is deemed open-ended, unless the employer expressed a different intention within five working days of learning, or of when they should have learned, of it (ECA § 80 (3)).
Can an employer change the employment contract unilaterally?
No. An employment contract can only be changed by agreement of the parties (ECA § 12). A change, for example new pay or working hours, is best recorded as a written agreement amending the employment contract.
Can an employment contract be ended from one day to the next?
By agreement, yes: the contract then ends on the day agreed. Unilaterally and without notice, a contract can only be terminated extraordinarily if, taking all circumstances into account, continuing it cannot reasonably be demanded, for example after a serious breach (ECA § 97 (3), § 98 (2)).
Does an employee have to give reasons for resigning?
Not for ordinary termination. An employee must give reasons only for extraordinary termination, the employer always. The reasons are given in a form that can be reproduced in writing (ECA § 95).
How much is redundancy compensation?
On redundancy the employer pays the employee compensation of one month's average pay (ECA § 100). The employee may also be entitled to the Unemployment Insurance Fund's insurance benefit on the conditions of the Unemployment Insurance Act.
What is a non-compete agreement?
An agreement by which the employee undertakes not to work for a competitor of the employer or in the same line of business. After the employment ends it is valid only if it was made in writing, for up to one year, and the employer pays reasonable monthly compensation for it (ECA § 23, § 24).
This information is general and is not legal advice. You can find all 58 contract templates on the contract templates page.