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Co Employment Agreement for the Netherlands

Co Employment Agreement Template for Netherlands

A comprehensive legal document governed by Dutch employment law that establishes and regulates a co-employment relationship between two employing entities and an employee. This agreement outlines the shared responsibilities, obligations, and rights of all parties involved, ensuring compliance with Dutch labor regulations, social security requirements, and tax obligations. It details the division of employer responsibilities, working conditions, remuneration arrangements, and reporting structures, while incorporating necessary protections under Dutch employment legislation and the Dutch Civil Code (Burgerlijk Wetboek).

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What is a Co Employment Agreement?

The Co-Employment Agreement is essential in situations where an employee works under the shared responsibility of two or more employers in the Netherlands. This arrangement is commonly used in professional employer organization (PEO) setups, joint ventures, or when companies collaborate on specific projects requiring shared staff. The document addresses key aspects required under Dutch employment law, including clear delineation of employer responsibilities, compliance with social security and tax obligations, and adherence to Dutch labor regulations. The agreement ensures all parties understand their roles, rights, and obligations while maintaining compliance with Dutch employment legislation, particularly the Dutch Civil Code (Burgerlijk Wetboek) and relevant employment regulations. It's particularly valuable for international companies operating in the Netherlands or Dutch companies seeking flexible employment arrangements while maintaining legal compliance.

What sections should be included in a Co Employment Agreement?

1. Parties: Identification of all parties involved: Primary Employer, Co-Employer, and Employee

2. Background: Context of the agreement and explanation of the co-employment arrangement

3. Definitions: Definitions of key terms used throughout the agreement

4. Term and Commencement: Duration of the agreement and start date of the co-employment arrangement

5. Employment Terms: Primary employment conditions including position, duties, and reporting relationships

6. Division of Employer Responsibilities: Detailed breakdown of how employer responsibilities are shared between the co-employers

7. Remuneration and Benefits: Salary, benefits, and which employer is responsible for each component

8. Working Hours and Location: Specification of working hours, workplace location(s), and flexibility arrangements

9. Leave Entitlements: Holiday, sick leave, and other types of leave arrangements

10. Performance Management: Process for performance reviews and management across both employers

11. Confidentiality and IP: Provisions regarding confidential information and intellectual property ownership

12. Data Protection: GDPR compliance and data sharing between co-employers

13. Termination: Conditions and procedures for terminating the co-employment arrangement

14. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction

15. Signatures: Execution blocks for all parties

What sections are optional to include in a Co Employment Agreement?

1. International Work Arrangements: Include when work involves cross-border elements or international assignments

2. Industry-Specific Compliance: Include when specific industry regulations apply (e.g., financial services, healthcare)

3. Training and Development: Include when specific arrangements for training responsibilities between employers exist

4. Non-Competition and Non-Solicitation: Include when restrictions on post-employment activities are required

5. Collective Bargaining Agreement Compliance: Include when either employer is bound by collective agreements

6. Secondment Provisions: Include when the arrangement involves employee secondment between employers

7. Force Majeure: Include when specific provisions for extraordinary circumstances are needed

What schedules should be included in a Co Employment Agreement?

1. Schedule 1 - Job Description: Detailed description of the employee's role, responsibilities, and duties

2. Schedule 2 - Remuneration Details: Comprehensive breakdown of salary, benefits, and payment responsibilities

3. Schedule 3 - Employer Division Matrix: Detailed matrix showing which employer is responsible for specific obligations

4. Schedule 4 - Company Policies: Relevant policies from both employers that apply to the employee

5. Schedule 5 - Data Processing Agreement: Specific arrangements for handling employee data between co-employers

6. Appendix A - Contact Details: Key contact persons at both employers for various matters

7. Appendix B - Benefits Summary: Detailed overview of all benefits and which employer provides them

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




































Relevant Industries

Professional Services

IT and Technology

Manufacturing

Healthcare

Financial Services

Construction

Retail

Logistics and Transportation

Education

Consulting

Temporary Staffing

Research and Development

Relevant Teams

Human Resources

Legal

Compliance

Operations

Finance

Risk Management

Talent Acquisition

Employee Relations

Payroll

Corporate Affairs

International Operations

Relevant Roles

HR Director

Legal Counsel

Compliance Officer

Project Manager

Operations Manager

Finance Manager

HR Business Partner

Regional Manager

Department Head

Professional Contractor

Interim Manager

Consultant

Technical Specialist

Research Scientist

Senior Engineer

Business Development Manager

Industries










Teams

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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