Employment Law Check Up Programme
In employment law the risk does not arise when a claim is filed; it arises long before. A contract signed incomplete, a termination whose grounds were never documented, overtime calculated the same way for years. Individually these look minor, but because the burden of proof rests largely with the employer, they turn directly into compensation.
This programme reads the company’s employment documentation and HR processes the way a litigation file would be read, and establishes in advance which documents would hold up in a dispute and which would not.
Stages
Document review
Employment contracts, payroll records, personnel files, defence, warning and termination documents and subcontracting agreements are examined, and missing or risky documents are identified.
Process review
How recruitment, performance management, overtime, leave and termination actually work in practice is examined through interviews with the relevant departments.
Risk assessment
The findings are assessed in terms of litigation and administrative fine exposure, and a Risk Report and an Action Report are prepared and presented to management.
Remediation
Documents found to be missing or risky are reissued. Employment contracts, a performance management procedure, model defence, warning and termination documents and model workflows are delivered to the company.
Areas Reviewed
- Litigation and administrative fine exposure
- Employment contracts and personnel files
- Payroll and remuneration
- Overtime
- Performance management
- Termination processes
- Defence and warning processes
- Subcontracting relationships
- Efficiency of HR processes
Deliverables
- Risk Report
- Action Report
- Employment contracts
- Performance management procedure
- Model defence, warning and termination documents
- Model workflows
- Model contractual clauses
Frequently Asked Questions
We have no employment disputes yet. Why do we need this programme?
In employment law, risk arises long before a claim is filed, from a missing document or a process that works incorrectly. Because the burden of proof in a dispute lies largely with the employer, these gaps cannot be fixed once a claim is made. The programme shows, before any dispute, which documents will stand up and which will not.
Which documents do we need to share?
Employment contracts, personnel files, payslips, overtime and leave records, defence requests, warnings and termination letters, and subcontracting agreements. Reviewing every employee's file is not always necessary; depending on the company's size, a representative sample across departments and seniority levels can be selected. Documents are reviewed under confidentiality and only for the purposes of the programme.
Are we liable for our subcontractors' employees?
The principal employer is jointly liable with the subcontractor for the subcontractor's obligations towards its own employees arising from employment and collective agreements. If the subcontracting arrangement does not meet the statutory conditions, those employees may be deemed to have been the principal employer's employees from the start. The programme therefore reviews subcontracting agreements and how the relationship actually works in practice.
What do we have at the end of the programme?
In addition to the Risk Report and Action Report, documents ready for immediate use: an updated employment contract, a performance management procedure, defence, warning and termination templates, model contract clauses and model workflows. The aim is not only to identify risks but to enable the HR team to handle future matters with these documents.
Would you like to run this programme at your company? Schedule a meeting with us — the first meeting is free of charge.
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