As an expert in labour law, we give advice on your legal status as an employer and you will receive direct legal assistance in the event of personnel problems (such as inadequate performance, misconduct or a disturbed employment relationship). This is also offered on a subscription basis ! In addition, we assist you with other employment matters, such as assessment of the scope of the collective agreement, problems involving sick personnel, restart and bankruptcy, takeover and reorganisation, etc. Below you will find a more detailed overview of the topics we can assist you with. Call or send an email to our experts H. Vercammen, LLM or Wesley Sallé, LLB on +31 (0)20-3450152, email@example.com or firstname.lastname@example.org
– Assessment, preparation and negotiation of settlement agreement attestation by mutual consent
– Immediate dismissal and trial period
– Incapacitated employees
– Non-competition and non-solicitation clause
– File compilation inadequate performance and culpable conduct
– Laws on collective agreements (CA) and CA scope investigation
– Due diligence employees in case of acquisition
– Dismissal of the statutory director
– Drafting employment contracts, staff regulations
Dismissal file check
Have your file checked on ground(s) for dismissal and maturity!
Real-life problem 1: Inadequate performance
Employee does not perform the commercial tasks properly and is constantly putting it off. He gets bogged down in internal administration. . The many informal conversations do not lead to improvement. You are sick and tired of it and ask us: ”I want to dismiss this employee because of a disturbed employment relationship, is that possible?”.
We first select the ground for dismissal, which at first glance is attributable acts or omissions (not so much a disturbed employment relationship). We provide you with instructions on the content of official warnings, requests for witness statements from colleagues and customer complaints. We advise on the content of a conversation with the employee to give him a warning.
Following this approach, a settlement agreement was signed, only awarding the (low) transition fee and the employee immediately disappeared from the workplace.
Real-life problem 2: Sick employee
In this case, we assisted the employer with a difficult situation of a sick employee. After a “healthy” 7-month period, the employee reported sick again, immediately following a conflict in the workplace.
Real-life problem 3: flexible contract
A major local player in childcare asked us to make the contracts of their day care leaders with a flexible contract more secure and to bring them more in line with the statutory rules.
It particularly concerned the risk surrounding the presumption of the scope of work where the number of hours and times for each period are insufficiently fixed.
In that case, there is a risk that in retrospect those hours will have been very constant for that period, without establishing the reasons.
The employee may infer a future entitlement from that. In practice it turned out that because certain issues were recorded contractually for administrative reasons, this could encourage such claims from employees. We corrected this by recommending a different contract structure and content.
Real-life problem 4: Employment Documentation
A client, an automation expert focusing on SMEs, asked us to draw up a new model employment contract as the current model contract had already been used for several years.
Particularly because of the new WWZ, this poses great risks since the labour law rules have changed dramatically since 1 January 2015.
For instance with regard to a trial period , the non-competition clause, giving notice and the (financial) risks and consequences if these provisions are not in accordance with the law, such as nullity of the agreement and penalties. We have, therefore, provided a new model employment contract, including an instruction manual so all new (WWZ) provisions are also explained in plain language.
Moreover, because there were no employer instructions, for example in respect of leasing cars, internal rules, equipment provided and absenteeism, we have also prepared a loose-leaf manual, which can be easily adapted to the client.