Employment contracts in Europe: 6 clauses to check before you sign

Employment contracts across Europe share common structures but differ significantly in what the law allows. A clause that is perfectly enforceable in London may be void in Berlin. A non-compete that holds up in Zurich might be worthless in Amsterdam.

Here are the 6 clauses that catch the most people off guard — and what to check before you sign.

1. Notice periods: not always what they seem

Your contract says "3 months notice." But notice periods in Europe are often overridden by statutory minimums that increase with seniority. In Germany, after 20 years of service, the legal minimum notice is 7 months — regardless of what the contract says. In France, the Code du travail sets minimums by employee category. In the UK, statutory notice is 1 week per year of service (up to 12 weeks).

What to check: Is the notice period symmetric? Some contracts give the employer a shorter notice period than the employee. Also check whether the notice period during probation is different — in Luxembourg, probation notice can be as short as one day for each week of probation completed.

2. Non-compete clauses: enforceable or worthless?

Non-compete clauses vary enormously across European jurisdictions:

Germany: Non-competes must include Karenzentschaedigung — compensation of at least 50% of your last salary for the entire restricted period. Without this, the clause is void.

France: Similar rule — non-competes require financial compensation. A non-compete without compensation is unenforceable under French law.

Netherlands: Non-competes in temporary contracts are generally void under the WAB. In permanent contracts, they must be reasonable in scope.

Belgium: Non-competes only apply to employees earning above approximately 36,000 EUR gross annually. Below that threshold, the clause is unenforceable.

UK: Non-competes must be "reasonable" in duration and geographic scope. Courts regularly strike down overly broad restrictions.

What to check: Duration, geographic scope, industry definition, and whether compensation is offered. Push to narrow all three dimensions.

3. Intellectual property assignment

Most employment contracts assign IP created during employment to the employer. This is standard and generally reasonable for work done in your role. The problem arises with overly broad clauses that capture personal projects, open-source contributions, or work done outside office hours on your own equipment.

In France, software copyright assignment must follow specific rules under the Code de la Propriete Intellectuelle — blanket assignments may not hold up. In Germany, employees have moral rights (Urheberpersdoenlichkeitsrecht) that cannot be transferred.

What to check: Does the clause cover only work done for the employer, or everything you create? Push for a carve-out for personal projects and pre-existing IP.

4. Probation period limits

Probation periods are strictly regulated across Europe:

Luxembourg: Maximum 6 months for qualified positions, 3 months for others. Must be agreed in writing before the start of employment.

Germany: Maximum 6 months. During probation, either party can terminate with 2 weeks notice.

France: Varies by employee category — 2 months for workers, 3 months for supervisors, 4 months for managers. Can be renewed once if the collective agreement allows it.

Belgium: Probation periods were abolished entirely in 2014. Any probation clause in a Belgian contract is void.

What to check: Duration, what protections you have during probation, and what happens at the end — automatic confirmation or a formal review?

5. Relocation and mobility clauses

Some contracts include a mobility clause requiring you to relocate if the company moves or opens a new office. In France, a mobility clause must define a precise geographic zone — a clause saying "anywhere in France" has been struck down by the Cour de Cassation as too vague. In Germany, the employer must consider your personal circumstances before enforcing a relocation.

What to check: Is the geographic scope defined? What happens if you refuse — is it grounds for dismissal? Is there a relocation package?

6. Overtime and working time

The EU Working Time Directive caps weekly working hours at 48 hours (including overtime), but implementation varies. Some contracts include "all-in" salary clauses that supposedly cover all overtime. In many jurisdictions, these are only valid if the salary genuinely exceeds what you would earn with overtime pay calculated separately.

In France, the "forfait jours" system for managers allows up to 218 working days per year instead of hourly tracking — but it requires a collective agreement and specific safeguards. In Germany, overtime must generally be compensated unless the salary is sufficiently above the industry standard.

What to check: How are overtime hours tracked? Is there a cap? What is the compensation rate? Does the contract comply with local working time regulations?

Before you sign

Employment contracts are negotiable — especially before you start. The clauses above are the ones most likely to affect you years down the line. Take an hour to read them carefully, check them against the applicable law in your country, and push back on anything that feels one-sided.