Legal
Employment law
Labour law applies from the moment a vacancy arises to the settlement of a terminated employment contract. Almost all provisions and areas of law are described in the Civil Code. In addition, case law (court decisions) plays an important role.
We offer practical support in preventing problems in the hiring of employees (contracts, terms of employment), employees not being able to work because they become unfit for work / ill, or when an employment conflict is imminent.
Finally, when leaving employment, prevention is better than cure. Especially with employees who are no longer performing, dysfunctional or acting unlawfully. In all cases, we assist employers to provide solution-oriented and pragmatic support. What we want to avoid at all times is a lawsuit or proceedings at the UWV. We unburden in these situations. Because we know HR practice very well from the inside, and have a legal background, we know exactly what the best solutions are.
Social security law
The social security system is divided into People’s Insurances (AOW, Wkz and the Health Insurance Act), which in principle apply to all residents, and Employee’s Insurances, which only apply to employees. Employee insurance schemes include the Unemployment Act (WW), the Work and Income according to Labour Capacity Act (WIA) and the Sickness Act.
Employers and employees raise the premiums required for benefits under the employee insurance schemes. In addition to statutory social security, employees often have an above-legal entitlement to financial protection or supplements. Think, for example, of pensions, supplements or WIA benefits.
Both in the circumstances of sickness and disability but also in the event of dismissal, it is important for an employer to be able to oversee the consequences. This involves employee rights versus employer obligations.
Employee participation (Workers council)
The Works Councils Act (WOR) requires the employer (entrepreneur) to involve employees to a certain extent in important decisions within the company. The task of the Works Council (WOR) is to represent the employees within the company and conduct consultations with the entrepreneur.
Does this apply to all employers? No, in principle, employers have an obligation to introduce a Works Council if the company has more than 50 employees on its payroll.
Not every employer is keen on this, as it means accountability on the one hand and allowing participation on the other. Yet a well-functioning Works Council can also work fine for an employer. However, this requires a sensible approach and careful preparation. We can give good advice to employers who are thinking about this or are putting it off. As an employer, it is advisable to take the lead yourself, because otherwise employees may start doing so. This also applies to a Works Council. Building trust is crucial and from an HR & Legal perspective we support and facilitate Works Councils in order to improve having impact and meaningful conversations.
Occupational health and safety legislation
One of the most thorny issues and situations many employers struggle with. It starts, of course, with the fact that an employee is unable to work. We are not talking here about short-term absence (1 to 3 days) unless employees do so regularly (frequent absence). This concerns an employee who drops out for a long time. In those cases where there is a serious cause underlying the incapacity to work, ARBO counselling is necessary.
An employer faces reintegration obligations under the Gatekeeper Act, and these are complicated and require a careful approach. The consequences can be dire if an employer fails to follow these procedures or follows them incorrectly.
Like the situation where an employee does not show up for work with complaints that are diffuse, related to work pressure, or work relationship. Difficult for an ARBO doctor to assess. A complex matter that often takes a long time if you do not address this in a timely and proper manner. Sick employees (average absence rate is 5%) cost the employer a lot of money, making it a a subject to take seriously.
Dismissal law
As part of employment law, a risky area as the stakes are often high. Not every employee leaves in a pleasant way after an extended period of employment. 10 to 20 percent of employees leave an employer in an unpleasant way. There may be a reorganisation, but more often an industrial dispute or disrupted working relationship underlies it. How to deal with this?
Ideally, we advise an employer on this as early as possible. We always try to avoid legal proceedings or going to the UWV. This saves a lot of money and annoyance.
Individual employment contract
What should be in an employment contract and what can be arranged separately? Is there already a staff handbook that the entrepreneur can refer to? Are there procedures or specific regulations that the employer would like an employee to comply with?
Even though these are not the most complicated tasks in itself, it has to be right. Moreover, it prevents issues during the employment relationship. Think of a non-competition clause, confidentiality clause and penalty clause. “Trust is good, recording is even better”.
Pension law
Pension law lays down the laws and regulations governing pensions. A pension is a retirement provision that provides a replacement income for employees after retirement. A derivative of this is the survivor’s pension. Often, a pension scheme is an integral part of the employment conditions policy. The employer is not obliged to offer a pension scheme, this is optional. The question is whether a pension provision fits into the employment conditions policy.
At the moment, the new Pension Act (Wtp) in particular plays an important role in the developments of pension provisions because the pension system will undergo a major overhaul in the coming years. In the near future, we will only be dealing with defined contribution schemes. This also fits in with the trend among, especially the smaller companies, the choice for a defined contribution scheme. Major advantages are the flexibility and the investment required from the employer. These are surmountable and can be strategically more interesting than increased pay. For more information, we would be happy to help.
