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2 Feb 2024 You got the job! Or did you?

A joyous moment: a new job. But unfortunately also regularly the subject of discussion. For instance, has an employment contract been concluded if certain things are still unclear? The Amsterdam court recently ruled on this. Read more here:

What were the facts?

The case involved an application procedure at Randstad. The applicant receives praise and congratulations. She is told that an offer would be made to her. She is even said to have been told: 'you got the job'. Randstad sees this differently: it says it changed its mind because the applicant was not the best candidate. The applicant claimed a declaratory judgment that an employment contract for an indefinite period had been created and claimed access to the workplace and the corresponding salary.

What does the court rule?

The subdistrict court in Amsterdam does not agree with the applicant. Essential element of Dutch law is: a contract is created by an offer that has been accepted. Moreover, an offer must be sufficiently determined. The key elements of an employment contract are work, pay and a relationship of authority.

Based on the facts of this case, the subdistrict court's opinion is that the words 'you got the job' did not constitute an offer within the meaning of the law. Indeed, it was insufficiently determined. No agreement had yet been made on the level of salary, nor had it been determined for what duration the job would be offered. And the effective date had not yet been determined either.

Thus, the key elements of an employment contract were insufficiently determined and there was thus no offer that would lead to an employment contract by acceptance. So how can we view Randstad's positive statements? As an invitation to enter into negotiations on employment conditions, the subdistrict court ruled. But it did not come to that.

You can read this ruling here.

For us as lawyers, this ruling underlines our motto: 'Trust is good, putting it in writing is better!' Also labour law questions? SPEE lawyers & mediation is your trusted point of contact.

SPEE advocaten & mediation Maastricht

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