I design highly effective
labour arrangements

I identify the problem and develop the most effective, cost-efficient and secure legal solution to ensure a win-win situation.

Focus Areas

Labour law in business

Compensation and bonus systems

I design compensation/bonus systems that:

  • support key business processes;
  • drive work efficiency;
  • drive motivation and retention;
  • ensure the best labour cost structure for the employer;
  • ensure compliance (e.g. CRD IV in the banking sector);

I negotiate new compensation systems with trade unions;

I support the deployment of new individual employment contracting systems and ensure compliance in cases where sector-specific requirements exist (e.g., Material Risk Taker in the banking sector).

Working Time Systems

I support business organisations to select working time optimisation systems (working time management and accounting etc. ) with a focus on:

  • positive impact on work efficiency;
  • optimisation of working time expenses (especially overtime);

I design staff regulations while translating the legal language on the language of business in the area of working time;

I train line managers on issues around working time, including work time scheduling.

Change Of Organisation

I support organisation change by helping to:

  • Identify legal risks and impacts of planned changes relative people and organisation, including:
    • The feasibility of and business case for modification of existing positions, structure, compensation and the definition of w a work place;
    • The estimated cost of organisation change in the context of the Labour Law and cost optimisation solutions;
    • The modification of individual employment contracts, if required, or develop an arrangement to avoid changes in individual employment contracts;
  • Design a legal arrangement for organisation change;
  • Deploy or support the deployment of change.

Restructuring

I support manpower restructuring by helping to:

  • Assess the structure and cost of existing headcount;
  • Select the most appropriate form of restructuring;
  • Design legal supports for a selected form of restructuring;
  • Consult with trade unions on the statutory steps that need to accompany restructuring;
  • Take or support concrete restructuring steps (e.g. by providing management orientation and training).

Full/partial Acquisition

I conduct due diligence in the area of human resources:

  • I review structure and labour cost;
  • I estimate the cost of acquiring a target group of employees;
  • I define risks associated with acquiring a new organisation;

I support decision-making around the business case for full or partial acquisition projects;

I advise on developing the most efficient employment structure after acquisition;

I draft agreements that ensure that all HR risk are covered in acquisition projects;

I manage or support the transfer of existing staff to the new organisation after acquisition.

Intra-company Regulations

I design the collective bargaining process:

  • I focus on the needs and the capacity of the organisation to change the compensation system under a collective agreement;
  • I ensure secure legal remedies in case a collective agreement is terminated;

I negotiate new collective agreements with trade unions;

I support collective agreement registration;

Subsequently, I support the implementation of collective bargaining arrangements in individual employment contracts.

Labour Relations

I review or consult with trade unions on issues which require their input under law such as:

  • Redundancies;
  • Intra-company regulations: compensation and bonus policies, working regulations and collective bargaining;
  • Expected individual terminations.

HR Outsourcing

I support decision-making around the business case for HR outsourcing projects (mainly including headcount, payroll and recruitment) and the selection of the service provider;

I represent clients in interactions with service providers;

I draft outsourcing agreements to ensure legal compliance and business security of the outsourcing organisation by:

  • Ensuring compliance with data protection legislation;
  • Recommending the scope of outsourcing, including labour cost reporting and payroll processing. The latter are often ignored and generate extra non-budgeted expenses;
  • Securing date recovery in case the outsourcing contract is terminated;

I provide a back-to-back support to outsourcing organisations, including the management of headcount currently responsible for outsourced processes.

Labour Law In Individual Employment

Legal Basis Of Employment

I advise on the selection of the legal basis for employment, in particular with respect to executive positions, including tax and insurance aspects.

I design employment contracts, management contracts or other employment type contracts.

Non-Competition Agreements

I advise on the recruitment of managers or other key employees and non-competition clauses.

I design effective non-competition contracts that include provisions that create an opportunity to break free from such contracts.

I advise with regard to steps that can be taken by individuals subject to non-competition clauses to avoid allegations of breaking the ban.

Termination Of Employment

I advise on the selection of the terms and conditions of terminating contracts of employment.

I draft letters of termination.

I assist in the termination process or conduct terminations on behalf of the employer to relieve the employer of this onerous task.