Labour dispute, your rights as an employer
A labour dispute is an unpleasant situation in which at least two parties disagree. A conflict has arisen in the workplace and industrial relations have been disrupted. A manager may have to get used to his or her placement, an employee has to settle for a subordinate position or feels unappreciated. As an employer, how do you deal with this? A good conversation can help restore the working relationship. Has there been a conflict for a long time and is the working relationship so disturbed? Often, it is then too late to restore the cooperation or for new agreements to be made. In this situation, termination of employment may be a solution.
Reasons for an industrial dispute
An employment conflict is often accompanied by illness. When an employee feels disrespected, he or she often calls in sick, practice shows. An employee feels he or she can no longer work; every reason to solve a conflict as quickly as possible. Or vice versa; your employee has reported sick, but you do not agree (anymore). Again, a disrupted working relationship arises. What is the best way to resolve the dispute varies from conflict to conflict. And what is the solution at all? Do you want to keep the employment contract or terminate it? In this case, you need to prove that there is a real disruption, that this disruption is serious in nature and that restoring the employment relationship is no longer possible. A lawyer can help you address this in the right way.
Drafting a settlement agreement
In a conflict, an employer has several rights. In case of illness, for example, the employee does not always have to be paid. When the relationship ends, a settlement agreement can be chosen; you choose to part company by mutual agreement and include this in the agreement. A fixed-term contract need not be extended or the employee dismissed for non-performance. However, in the event of an employment conflict, it is important for employers to comply with the obligations set out in the Work and Security Act.
It goes without saying that you prefer to prevent conflicts at work or resolve them quickly and appropriately. Nevertheless, a disrupted employment relationship is always lurking. Therefore, stay alert as an employer. Do you recognise signs that a conflict is imminent? Talk to the employee(s) immediately, try to find out the nature of the friction and work together to find a solution. Does restoration of the working relationship prove impossible? Then call in a specialist. A Fruytier lawyer knows what situations can arise in an employment relationship and can draw up an agreement, which can avoid unpleasant consequences. Because labour law changes regularly and because every labour dispute is different, we advise you to ask a lawyer for legal advice on your rights and obligations.« Back to employment law