We informed you earlier about the fact that it is easy to start doing business in Holland. Once you set up the business and the business is good, you need help. What will you do? Hire a contractor, or hire an employee?
The Dutch law has a special section about the legal relation between the employer and the employee. However, if the employer and the employee decide to agree something else between each other, then that is possible in the employment agreement. However, you cannot disregard all the rules made in Dutch employment law.
It does happen that foreign employer use their employment agreement. That is possible, but as the employment is executed in the Netherlands, Dutch law applies. If then the foreign employment agreement states something that is in conflict with Dutch legislation, the Dutch law prevails.
The maximum probation period can be either one or two months, depending on the situation. If the contract mentions three months, then this implies no probation period is applicable at all.
We have the obligatory 8% holiday pay. If nothing is stated about this in the employment agreement, then the employee receives on top of his salary 8% in the month of May or June. That is most of the time not what the foreign employer intended.
Hiring Dutch employees works perfectly, if you are being assisted well. And you will learn that Dutch employees work hard, even though they take a three week holiday in the summer.