Usually, things run very smoothly, fortunately. But sometimes you suddenly find yourself in a situation where you need to know what you're entitled to, or where it's useful to know what others can expect from you. For example, during a conflict with your employer. If you're not well-informed about your rights and obligations, this can affect your wages, your relationship with colleagues and employer, or even your employment.
On the work floor
What should I pay attention to?
From holiday leave to continued pay during illness: you have many rights in the workplace. Some of these are in the law, others in your collective labour agreement, employment contract, or staff handbook. It is useful to be sufficiently aware of these, for example, so you know when your employer is doing something they shouldn't – and what you can do about it. But it also states what you must do in certain situations. For instance, how to report sick, or how long you must work per day or week.
What does this mean for me?
In any case, make sure you read through your collective labour agreement, employment contract, and staff handbook thoroughly. This will give you a good understanding of what needs to be done in any given situation: by you, but also by your employer, colleagues, and company doctor. This way, you're less likely to be caught out or end up in awkward situations.
We do this for you
Are you receiving a new contract proposal, facing a conflict, or need to negotiate employment terms? Our legal specialists will review things thoroughly with you and help you avoid problems. If that's not possible, they will find a solution with you – if necessary, they can even mediate and litigate on your behalf.
- Problems with your employer? These sample letters can help.
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FAQ
Can an employer agree to a non-competition clause?
A non-compete clause is only valid if it has been agreed upon in writing and if you are of legal age as an employee.
In a contract of employment for an indefinite period, the employer may include a non-competition clause. In a contract of employment for a fixed term, a non-competition clause may only be included if your employer provides a written justification explaining the compelling business or service interests that make *the non-competition clause necessary for you*. If this justification is missing from your fixed-term contract, the clause is therefore invalid (void). Please note, however, that your collective labour agreement (CLA) may contain agreements stipulating that a non-competition clause may not be included for specific roles, regardless of the duration of your contract. -> CLA article 4.7
In a contract of employment for an indefinite period, the employer may include a non-competition clause. In a contract of employment for a fixed term, a non-competition clause may only be included if your employer provides a written justification explaining the compelling business or service interests that make *the non-competition clause necessary for you*. If this justification is missing from your fixed-term contract, the clause is therefore invalid (void). Please note, however, that your collective labour agreement (CLA) may contain agreements stipulating that a non-competition clause may not be included for specific roles, regardless of the duration of your contract. -> CLA article 4.7
Can my employer change my working hours?
No, that's not allowed just like that. You can decide together to adjust your working hours, for example, to ensure better distribution on the work floor.
What about overtime?
There is no specific legislation for overtime. When your employer asks you to work overtime, you cannot simply refuse the request. The number of hours you are allowed to work is of course laid down in the Working Hours Act, but agreements regarding overtime are often laid down in your collective labour agreement, employment contract, or internal company regulations.
