Employment law covers all the laws and regulations between an employer and an employee. This includes agreements on working hours, wages, and working conditions. The laws and regulations regarding employment law change regularly, making it challenging for employers to know what they must comply with. What are your rights and responsibilities as an employer?
Often, employers only question what they can expect from their employees when issues arise between employer and employee. For example, employers may have been using a certain method of operation and the same standard employment contract for years. However, due to frequent changes in employment laws and regulations, it is crucial that the agreements made between you as an employer and your employees comply with current legislation.
Therefore, we are here to assist you before hiring new employees. We assess whether the contract is legally sound and suitable for the tasks your employee will perform.
Of course, we are also here for you if issues arise between you and your employees. We listen to your problem, evaluate the situation, and advise you on the steps you, as an employer, should take to resolve the issue with your employee. It is important to note that even if certain agreements are made in the employment contract, the court may rule them invalid if they do not comply with collective labor agreement (CAO) rules or if they are highly unfair to your employee.
Furthermore, it is important to know that employment law includes various deadlines that you, as an employer, must adhere to. For example, the deadline by which you must inform your employee whether the contract will be renewed or not. Failure to comply with these deadlines may require you to pay a penalty to your employee.
Additionally, there are also limitation periods. The period within which you must submit a problem to the court if you cannot resolve it together. If the problem is not submitted to the court within this period, it will expire, and the court will no longer make a ruling on it.
Therefore, contact us today to schedule an appointment. We are here to assist you with all your employment law issues. Below are some examples of topics where we can assist you:
An employment contract contains numerous agreements beyond just working hours and salary. It’s essential to understand all aspects of your agreement with your employer. This includes details about:
- Collective Labour Agreement (CAO): which CAO applies to your employment contract, detailing additional agreements on wages, allowances, holidays, notice periods, etc.
- Non-competition clause: restricts your ability to switch jobs to another employer.
- Non-solicitation clause: prevents approaching the same clients if you start your own business.
- Secondary activities: rules about engaging in other work besides your primary employment.
- Pension: clarifying whether pension benefits are included in your agreement or CAO terms.
Many individuals work as self-employed contractors nowadays, entering into service agreements with clients. It’s crucial that these agreements are legally sound. Often, self-employed contractors inadvertently create disguised employment contracts. In case of workplace accidents, conflicts, or other issues, determining liability between the contractor and client becomes critical. Whether you are already a self-employed contractor facing disputes with a client or considering becoming one and need guidance on drafting a proper service agreement, we are here to help.
Issues regarding salary such as non-payment, partial payment, or delayed payment. Also, questions about annual salary increases, bonuses, and profit-sharing, as well as inquiries regarding entitlement to higher salaries.
Handling all types of employment termination scenarios, including non-renewal of contracts, immediate dismissals, or terminations via mutual agreement (settlement agreements).
– Non-renewal of contract: your fixed-term employment ends on the agreed-upon date, and your employer must inform you promptly about contract extension.
– Immediate dismissal: a severe measure with significant consequences, affecting entitlement to unemployment benefits (WW-uitkering). Employers must have a valid reason and follow specific procedures for immediate dismissal.
– Settlement agreement: if you have a permanent contract and your employer proposes to terminate it, they will offer a settlement agreement outlining a severance package. It’s advisable to have this agreement reviewed by a lawyer.
Upon contract termination, you may be entitled to severance pay (also known as transition compensation) and other compensations such as travel expenses or compensation for irregular work hours (overtime, weekend work, or work on public holidays).
Guidance on various types of leave mandated by law, including parental leave, caregiving leave, and emergency leave (short leave). Also, assistance with issues related to vacation pay, insufficient or denied vacation requests.
Rights and responsibilities during illness, including timely notification to your employer. Detailed rules apply, especially for prolonged illnesses, outlining expectations from both the employee and the employer.
If you remain employed after 104 weeks of incapacitation without a prospect of returning to work and no termination agreement has been reached, we can provide legal assistance.
If you experience an accident at work, it’s crucial to report it to your employer promptly. Employers are responsible for ensuring a safe working environment. If you followed all safety protocols but still suffered an accident resulting in hospitalization, permanent injury, or worst-case scenario, death, seeking legal advice is advisable. Employers must report serious accidents to the Labour Inspectorate.
Unfortunately, workplace bullying by colleagues or supervisors occurs. It’s important to report such incidents to a trusted person within your organization. If not addressed adequately, we can provide legal assistance.
Harassment and sexual misconduct are prohibited, even in the workplace. However, such incidents still occur, and employees may feel hesitant to report due to fear of repercussions. On the other hand, false accusations of harassment and sexual misconduct also happen. If you’ve experienced harassment or sexual misconduct at work, contact us immediately for legal support. Feel free to reach out to us for assistance with any of these employment law matters.