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Retroactive Employment Contract for the Netherlands

Retroactive Employment Contract Template for Netherlands

A comprehensive employment agreement governed by Dutch law that establishes and formalizes an employment relationship retrospectively from a specified past date. This document ensures compliance with Dutch employment legislation while addressing all aspects of the employment relationship for the retroactive period, including salary, benefits, working conditions, and social security contributions. It provides legal protection for both employer and employee by clearly defining terms and conditions that apply to the previous period of employment, while ensuring alignment with Dutch Civil Code requirements and relevant employment regulations.

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What is a Retroactive Employment Contract?

The Retroactive Employment Contract is essential in situations where an employment relationship needs to be formally documented from a past date under Dutch law. This typically occurs when employees have begun working without a formal contract, during company acquisitions, or when regularizing temporary arrangements. The document addresses all aspects of employment from the retrospective start date, including compensation, benefits, working conditions, and statutory requirements. It ensures compliance with Dutch employment legislation, including the Dutch Civil Code (Burgerlijk Wetboek), while protecting both employer and employee interests. This type of contract is particularly crucial for maintaining proper employment records, ensuring correct tax and social security contributions, and establishing clear terms and conditions for the entire employment period.

What sections should be included in a Retroactive Employment Contract?

1. Parties: Identification of the employer and employee with full legal names and addresses

2. Background: Context of the employment relationship and reason for retroactive contract

3. Definitions: Key terms used throughout the agreement, including the retroactive period

4. Commencement and Duration: Specification of the actual start date, retroactive period, and duration of employment

5. Position and Duties: Job title, role description, and responsibilities during the retroactive period and ongoing

6. Place of Work: Primary work location and any flexibility arrangements

7. Working Hours: Standard working hours, including any variations during the retroactive period

8. Salary and Benefits: Compensation details, including retroactive payments and calculation method

9. Holiday Entitlement: Vacation days and holiday allowance, including retroactive accrual

10. Sick Leave and Insurance: Sick leave provisions and related insurance coverage

11. Pension Arrangements: Pension scheme details and retroactive contributions

12. Notice Period: Required notice periods for termination

13. Confidentiality: Obligations regarding company information

14. Governing Law: Confirmation of Dutch law application

15. Signatures: Execution section with date and signatures

What sections are optional to include in a Retroactive Employment Contract?

1. Probationary Period: Only included if the retroactive period includes a probationary period

2. Bonus Arrangements: If applicable, details of any bonus schemes and retroactive calculations

3. Company Property: If employee was provided with company assets during the retroactive period

4. Intellectual Property: For roles involving creation of IP during the retroactive period

5. Non-Competition: If required based on position and Dutch law requirements

6. Professional Development: If specific training or development agreements were in place

7. Company Car: If a company car was provided during the retroactive period

8. Working From Home: If remote work arrangements were in place

9. Commission Structure: For sales roles or positions with commission-based compensation

What schedules should be included in a Retroactive Employment Contract?

1. Schedule 1 - Salary Calculation: Detailed breakdown of retroactive salary calculations and adjustments

2. Schedule 2 - Benefits Overview: Comprehensive list of benefits and their retroactive application

3. Schedule 3 - Historical Working Hours: Record of working hours during the retroactive period

4. Schedule 4 - Leave Records: Documentation of leave taken during the retroactive period

5. Schedule 5 - Tax Implications: Overview of tax treatment for retroactive payments

6. Appendix A - Job Description: Detailed description of role and responsibilities

7. Appendix B - Company Policies: Relevant company policies applicable during the retroactive period

8. Appendix C - Social Security Calculations: Breakdown of social security contributions for the retroactive period

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Netherlands

Publisher

Ƶ

Document Type

Employment Contract

Cost

Free to use
Relevant legal definitions








































Clauses










































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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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