The short answer is yes. But do you know the conditions that this agreement must meet to be valid? And within what time frame must your employer provide written information? In this article, we explain when there is a valid employment contract and when your employer cannot simply dismiss you or pay you insufficiently with an oral contract.
First, you have an employment contract (oral or written) if you meet the following conditions:
- You are employed by the employer. The employer can give you assignments and determine the content of the work.
- You receive wages for the work performed. This wage usually consists of money, but can also be partially paid in kind, such as in the form of meals or ‘board and lodging’. Shares, options, or profits obtained from them can also be considered wages.
- You perform the work yourself for which you were hired.
Second, you can conclude an employment contract in writing or verbally. If there is no written employment contract but work is being done, wages are received, and there is an authority relationship, then this counts as an oral employment contract.
Within what time frame must the employer provide mandatory information, even if you are working under a verbal contract?
For employment contracts concluded from August 1, 2022, essential information (such as wages, function, duration of the employment contract) must be provided to the employee within one week after the first working day. Other information must be provided within one month after the first working day.
What if there is uncertainty about the duration of my contract with a verbal agreement?
With an oral agreement, it is automatically considered to be for an indefinite period. Your employer cannot simply dismiss you without the intervention of the UWV or the subdistrict court.
What happens if the employer refuses to provide the information or provides incorrect information?
Then they are in principle liable for the damage suffered by the employee as a result. This concerns damage that the employee suffers by entering into financial obligations based on information that later turned out to be incorrect.
The information obligation applies not only to regular employment contracts but also to so-called flexible employment relationships such as call agreements and telework agreements. Even if work has been done weekly or at least 20 hours per month for 3 months, there is legally an employment contract.
However, it is advisable to record an employment contract in writing, so that certain rights and obligations for you and your employer are clear. If you are now working under an oral employment contract and want to know more about your rights, please contact us.