In short: state salary and benefits explicitly, define the role, draft the probation period and termination conditions in line with the Labour Code, and keep penalty, non-compete and confidentiality clauses proportionate.
The employment contract is the constitution of the working relationship. The majority of disputes arise from clauses left open or drafted incorrectly at this stage.
1. Salary and benefits must be explicit
The gross/net distinction, bonus and premium conditions and benefits such as transport and meals should be set out clearly. The most common dispute in practice arises from the gap between the salary shown on the payroll and the salary actually paid — a serious risk for both parties.
2. Role and working conditions
The employee's duties, place of work and working hours should be defined. If the employer reserves a right of variation, remember that material changes require the employee's written consent under Article 22 of the Labour Code.
3. Probation periods and fixed-term traps
A probation period may not exceed two months (four under a collective agreement). A fixed-term contract is valid only where objective grounds exist, such as a specific project; otherwise the contract is treated as indefinite from the outset.
4. Penalty clauses, training costs and non-compete
A penalty for leaving before a minimum period is valid only where it is matched by a corresponding benefit, such as employer-funded training, and where it is mutual. A non-compete clause may be unenforceable unless limited in place, in time (a maximum of two years) and by type of work.
5. Termination procedure and evidence
Serving termination notices in writing, taking the employee's defence where required, and maintaining a complete personnel file are decisive in any subsequent reinstatement or payment claim.