Key Employee Agreement Template for Netherlands

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Key Requirements PROMPT example:

Key Employee Agreement

"I need a Key Employee Agreement under Dutch law for a senior software architect in our technology company, including strong IP protection clauses and provisions for hybrid working arrangements, with the employment to commence on March 1, 2025."

Document background
The Key Employee Agreement is essential for organizations operating in the Netherlands when hiring or promoting individuals to critical positions within the company. This agreement is specifically designed to comply with Dutch employment law while addressing the unique aspects of key employee relationships, including enhanced responsibilities, access to confidential information, and special compensation arrangements. It is particularly relevant for senior management, specialized technical roles, or positions with significant influence over company operations. The agreement includes mandatory provisions required by Dutch law, such as notice periods and working conditions, while also incorporating protections for company interests through carefully drafted confidentiality, intellectual property, and non-compete clauses. It serves as a crucial document for establishing clear terms of employment while ensuring compliance with Dutch legal requirements and market practices.
Suggested Sections

1. Parties: Identification of the employer and the key employee with full legal names and addresses

2. Background: Context of the agreement, employee's key position, and general purpose of the agreement

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

4. Position and Duties: Detailed description of the employee's role, responsibilities, and reporting structure

5. Term and Commencement: Duration of employment (indefinite/fixed) and start date

6. Working Hours and Location: Specification of working hours, flexibility, and primary work location

7. Remuneration and Benefits: Base salary, bonuses, benefits, and review procedures

8. Holiday and Leave: Annual leave entitlement and other leave provisions

9. Confidentiality: Obligations regarding confidential information and trade secrets

10. Intellectual Property: Assignment of IP rights and related obligations

11. Data Protection: GDPR compliance and handling of personal data

12. Non-Competition and Non-Solicitation: Post-employment restrictions compliant with Dutch law

13. Termination: Grounds for termination and notice periods

14. Governing Law and Jurisdiction: Application of Dutch law and jurisdiction

15. Entire Agreement: Integration clause and relationship to other agreements

Optional Sections

1. Performance Targets: Specific KPIs and performance expectations - include for roles with clear measurable targets

2. International Travel: Terms for international travel and assignments - include if role requires regular travel

3. Share Options/Equity: Terms of any share option or equity participation - include if offering equity compensation

4. Sign-on Bonus: Terms of any sign-on bonus and clawback provisions - include if offering sign-on bonus

5. Garden Leave: Provisions for garden leave during notice period - include for senior positions

6. Change of Control: Provisions relating to company ownership changes - include for very senior positions

7. Secondment: Terms for potential secondment to other group companies - include if relevant

8. Training Obligations: Specific training requirements and commitments - include if special certifications needed

Suggested Schedules

1. Schedule 1 - Remuneration Details: Detailed breakdown of salary, bonuses, and benefits structure

2. Schedule 2 - Job Description: Detailed description of role, responsibilities, and objectives

3. Schedule 3 - Company Policies: Key company policies applicable to the employee

4. Schedule 4 - Bonus Scheme Rules: Detailed terms of applicable bonus schemes

5. Schedule 5 - Share Option Terms: Details of any share option or equity participation scheme

6. Appendix A - Confidential Information: Definition and examples of confidential information

7. Appendix B - Company Equipment: List of company equipment provided to employee

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Technology

Financial Services

Professional Services

Manufacturing

Healthcare

Telecommunications

Energy

Retail

Media and Entertainment

Pharmaceuticals

Construction

Education

Real Estate

Logistics

Consulting

Relevant Teams

Executive Leadership

Senior Management

Research and Development

Legal

Human Resources

Finance

Information Technology

Sales

Marketing

Operations

Product Development

Data Science

Engineering

Strategic Planning

Corporate Development

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Technology Officer

Chief Operating Officer

Managing Director

Senior Vice President

Director of Engineering

Head of Research

Chief Scientific Officer

Senior Software Architect

Principal Engineer

Head of Sales

Chief Marketing Officer

Regional Director

Country Manager

Senior Legal Counsel

Head of Human Resources

Chief Product Officer

Lead Data Scientist

Financial Controller

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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