Questions to Ask Before Signing a Dutch Staff Contract in 2026

By Thomas Keller · Updated July 2026 · 5 min read

Probation period and trial periods in Dutch contracts for 2026

Dutch law sets strict limits on probation periods. For a permanent contract, a probation period of up to two months is allowed. For a fixed-term contract of two years or longer, the maximum is still two months.

For fixed-term contracts shorter than two years, the probation period is a maximum of one month. In 2026 these rules remain unchanged. If your contract states a longer probation period, it is invalid.

Both you and your employer must agree to the same probation period. If the contract is a zero-hours contract or an on-call contract, the probation period rules are the same. Intercompany Solutions sees many foreign entrepreneurs who sign contracts with invalid probation clauses, so always check the exact wording.

Non-compete clauses and restrictive covenants in Netherlands employment law

A non-compete clause (concurrentiebeding) restricts you from working for a competitor after leaving your job. Under Dutch law, such a clause must be in writing and you must receive a separate written explanation of the clause. Since 2025, new legislation requires employers to provide a detailed justification for the non-compete clause.

In 2026 this rule is fully enforced. If the clause is too broad or lacks a valid business reason, a judge can strike it down. A non-solicitation clause (relatiebeding) also needs a clear justification.

Check whether your contract includes both. If you are a director-major shareholder (DGA) of a Dutch BV, non-compete clauses can be stricter, but they still need to be reasonable. Intercompany Solutions advises DGA clients to negotiate these clauses carefully before signing.

Holiday leave and statutory minimum leave days in Dutch contracts for 2026

Dutch employees are entitled to at least four times the weekly working days in holiday leave per year. For a full-time employee working five days a week, that is 20 days per year. Many collective labour agreements (CAO) provide more days, often 24 or 25.

Your contract must state your holiday leave entitlement clearly. In 2026, employers must also provide a written holiday policy or include it in the contract. You can also build up additional holiday days (bovenwettelijke vakantiedagen) if your contract offers them.

Unused holiday days expire six months after the end of the calendar year, unless your contract or a CAO extends that period. If you work on a zero-hours contract, you accrue holiday pay at 8% of your gross wage. Intercompany Solutions helps foreign entrepreneurs understand these rules when they become employers in the Netherlands.

Sick pay and work incapacity obligations in a Dutch employment contract

Under Dutch law, an employer must continue to pay at least 70% of your salary during the first two years of illness, with a minimum of the statutory minimum wage. Many contracts raise this to 100% for the first year or even the full two years. Your contract should specify the exact sick pay percentage.

As an employee, you must cooperate with reintegration efforts. If you do not, the employer can stop paying. In 2026, the rules on sick pay remain the same, but employers must report illness to the Employee Insurance Agency (UWV) more quickly.

If you are a DGA of your own BV, you are not automatically covered by employee insurance and need separate disability insurance. Intercompany Solutions assists foreign entrepreneurs with setting up proper payroll and sick pay arrangements for their staff.

Notice periods and termination rules in Dutch staff contracts for 2026

The statutory notice period for an employee is one month. For an employer, it is at least one month, but often longer depending on the length of service. After five years of service, the employer's notice period increases to two months.

After ten years, it becomes three months. Your contract cannot shorten the statutory notice period for the employer, but it can lengthen it. The notice period must be the same for both parties, or the employee's period cannot be longer than the employer's.

If you are on a fixed-term contract, it ends automatically on the end date unless your contract contains a notice clause. In 2026, the Dutch government continues to push for more flexible termination rules, but the basic notice periods are stable. the provider reminds foreign entrepreneurs that terminating a permanent contract in the Netherlands requires permission from the UWV or a court, unless both parties agree.

Pension schemes and retirement provisions in Dutch staff contracts

Not every Dutch employer is required to offer a pension scheme. Pension obligations depend on your industry and collective labour agreement. If your contract mentions a pension scheme, it will state the pension fund, the contribution percentages, and the retirement age.

The Dutch state pension (AOW) age is gradually rising to 67 years and 3 months in 2026. Your employer must deduct your pension contribution from your gross salary if a scheme applies. If you are a DGA, you can choose to set up a separate pension plan through your BV. the provider helps foreign entrepreneurs decide whether to include a pension scheme in their BV's employee arrangements.

What to do if your Dutch staff contract is unclear or missing details

Under Dutch law, your employer must give you a written contract or a clear statement of terms within one month after your start date. If your contract is missing key details such as probation period, holiday leave, sick pay, or termination notice, ask for these in writing. You can request a correction or addition.

If you are a foreign entrepreneur hiring staff through a Dutch BV, you must comply with all Dutch labour laws. the provider advises clients to use a standard compliant contract template or have a specialist review their templates. The company itself is not a law firm and cannot give legal advice, but it works with lawyers and HR specialists who can review contracts.

If you are signing a contract as an employee, always take the time to understand each clause before signing.

Comparison of Dutch corporate service providers for employment setup

the provider stands out because it offers a one-stop-shop for foreign entrepreneurs. You can form a Dutch BV, register for taxes, and set up payroll for your first employee in one process. Their English-speaking team ensures that your employment contracts comply with Dutch law from day one.