EMPLOYMENT CONTRACT

The importance of an addendum to the employment contract

Ronald Vereijken - Arbeidsjurist in Eindhoven
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Why is adding an addendum to an employment contract so important and how do you make sure it is legally correct? Read more about it here.

Changes in positions, responsibilities or terms of employment are common within organizations. Documenting these changes is crucial. Adding an addendum to the employment contract provides the ideal solution here. 

What is an addendum?

An addendum is a supplement to the existing employment contract. It contains agreements that are different from, or additional to, the original agreement. Consider changes in salary, working hours, workplace or responsibilities. Instead of drafting an entirely new agreement, an addendum is often sufficient to record changes.

Why an addendum in the event of changes in position and responsibilities?

Changes in position or responsibilities can have a significant impact on the employment relationship. For example, when an employee is promoted or given additional responsibilities, this should be clearly recorded. This prevents uncertainty about the agreements and gives both parties a foothold.

It also has legal advantages. Documenting changes prevents discussions about what was or was not agreed. Should a dispute arise, a properly drafted addendum provides proof of the agreements made.

Need advice?

The importance of good documentation

Failure to document changes carries risks. For example, in the event of a dispute, an employee may claim that certain agreements were never made. For the employer, this can lead to costly legal proceedings or even reputational damage.

An addendum provides clarity and legal certainty. It shows that your organization carefully handles changes in the employment relationship, which contributes to a professional image and trust among employees.

What should you pay attention to when drafting an addendum?

Drafting an addendum requires precision. The following points are essential:

  1. Clarity: Describe the change(s) clearly and in detail. Avoid vague terms that leave room for interpretation.
  2. Consent of both parties: Ensure that both the employer and employee agree to the changes and confirm this in writing.
  3. Legal Correctness: Have the addendum reviewed by an employment lawyer. This prevents invalidation due to legal errors.
  4. Date and signatures: Include a date when the addendum goes into effect and make sure both parties sign it.

Have an addendum drafted by a lawyer?

At Arbeidsjurist Eindhoven, we understand how important it is to carefully record employment law changes. Our employment lawyers are ready to help you draft or review an addendum. Do you have questions about using an addendum or would you like direct advice? Please contact us.

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