Employer: drafting a safe employment contract (the key clauses)
The 9 clauses to include as an employer — valid, without risk of voidness.
You're hiring, and you are the one drafting the employment contract. A well-built contract secures the relationship, protects your company and avoids costly labor disputes.
But employment law protects the employee: a poorly drafted clause is void, and some mistakes reclassify the contract or expose you to damages.
This guide details the clauses to include as an employer — valid, balanced and compliant.
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Why a compliant contract protects the company
In employment law, an abusive or vague clause doesn't only turn against the employee: it turns against you.
- A poorly drafted probation period is unenforceable.
- A non-compete clause without financial consideration is void.
- A reclassifiable fixed-term contract becomes a permanent one, with back pay.
💡 subblink flags void or reclassifiable clauses, and tells you the missing items depending on the contract type.
The 9 key clauses of an employment contract
1. Identification, position and qualification
Include: the identity of the parties, job title, qualification, classification under the applicable collective agreement.
An incorrect qualification distorts the minimum pay and the employee's rights. Check the collective agreement.
2. Compensation and benefits
Include: base salary, bonuses, benefits in kind, payment terms and date.
Respect the collective minimum and the legal minimum wage. Detail variable elements (targets, conditions) to avoid disputes.
3. Working time and organization
Include: weekly hours, distribution, overtime, or a day-rate package if applicable.
A day-rate package is only valid if provided by the agreement and accompanied by workload monitoring. Otherwise it's void.
4. Probation period
Include: the probation period duration, within legal and contractual limits, and its renewal conditions.
A probation period longer than the legal maximum is automatically reduced. Renewal must be expressly provided.
5. Place of work and mobility clause
Include: the place of work, and any mobility clause with a precise geographic area.
A mobility clause "across the whole territory" without specifics is deemed too vague. Delimit the area.
6. Confidentiality clause
Include: a confidentiality obligation on the company's sensitive information, during and after the contract.
Distinct from non-compete, it protects your data and know-how without mandatory consideration.
7. Non-compete clause (if justified)
Include: only if necessary, with the 4 validity conditions: time limit, geographic limit, link to the activity, and financial consideration.
Without financial consideration, the clause is void — and you'll still owe damages. Only impose it if it's genuinely useful.
8. Intellectual property and inventions
Include: the assignment to the employer of creations made within the scope of duties (per the applicable regime).
Specify the treatment of inventions and creations, especially for technical or creative roles.
9. Personal data, collective agreement and termination
Include: the reference to the collective agreement, the employee's GDPR information, and termination conditions (notice).
The reference to the collective agreement is often mandatory. GDPR information is required as soon as the employee's data is processed.
The mistakes that make a clause void
| Common mistake | Consequence |
|---|---|
| Non-compete without consideration | Void clause + damages |
| Probation too long | Reduced to legal maximum |
| Day-rate without monitoring | Void, overtime back pay |
| Vague mobility clause | Unenforceable |
| Fixed-term without valid reason | Reclassified as permanent |
| Under-rated qualification | Salary back pay |
FAQ: Drafting an employment contract (employer)
Can you draft an employment contract without a lawyer?
Yes, from a template compliant with your collective agreement and jurisdiction. For sensitive roles (executives, specific clauses), legal support is recommended.
Is the non-compete clause always valid?
No. It's only valid if it meets the 4 cumulative conditions, including a financial consideration. Without it, the clause is void. Only insert it if it's genuinely justified.
How long can the probation period be?
It depends on the contract type and the collective agreement, within the legal maximums. Beyond that, it's reduced to the authorized maximum.
Should you mention the collective agreement?
Yes, it's generally mandatory. It determines many conditions (minimum pay, notice, classification) that prevail over the contract if more favorable.
Is a verbal contract valid?
A full-time permanent contract can be verbal in some countries, but writing is strongly recommended and mandatory for fixed-term, part-time and most specific clauses.
Checklist before signing the contract
- Position and qualification compliant with the collective agreement
- Compensation ≥ collective minimum, variables detailed
- Working time clear (day-rate framed)
- Probation period within legal limits
- Place of work + delimited mobility clause
- Confidentiality defined
- Non-compete: 4 conditions + consideration (if needed)
- Intellectual property of creations
- Collective agreement, GDPR, termination mentioned
Express check: Upload your contract on subblink and get a risk score for both parties.
Conclusion
A compliant employment contract isn't only a protection for the employee: it's your best protection against disputes. Valid clauses, a respected collective agreement and complete disclosures save you from reclassifications and damages.
Start from an up-to-date template, include the 9 clauses, avoid the voidness mistakes, then check in 2 minutes.
Analyze your employment contract now →
📋 Go further → On the employee's side, read the non-compete clause: rights and remedies and employment contract clauses to check before signing.