Services
Labour Law

The legal staff at Ardis offers entrepreneurs all the support they need in all matters related to labour law.

Our services range from drawing up employment contracts to providing advice on complex employment situations and dismissals. Ardis is also your point of contact for solutions with regard to employment term flexibility. In addition to the above services, Ardis offers legal assistance to employees faced with dismissal or problematic employment issues.

As the lawyers at Ardis are also highly experienced litigators, their knowledge is not only of a theoretical nature but also ties in directly to current practice. The staff’s vast experience in litigation before the labour courts has provided the firm with all the expertise needed to advise entrepreneurs on labour law-related issues and offer them realistic and workable solutions.

The recruitment of a new employee is a crucial step in any business enterprise.

The employer and the employee set down the key aspects of their business partnership in an employment contract, conflicts in regard of which can easily be avoided by carefully reviewing the relevant document. Specific clauses can be inserted with a view to regulating certain aspects of the employment (e.g. non-competition, the transfer of intellectual property rights, confidentiality and further professional training). Ardis has extensive experience in this field, as demonstrated by a wide range of legal publications in this area.

Complex labour law-related situations can arise on the work floor. Ardis assists its clients in these, pointing out any risks in due time and offering solutions where necessary.

The termination of an employment contract may cause a great deal of upheaval, particularly in cases of immediate dismissal. Ardis offers its clients the support they need in this process, with a view to securing its fast and legally correct finalisation. This aspect of labour law is rapidly evolving. The implementation of the single employment status has given rise to far-reaching repercussions with regard to the statutory aspects of dismissal. Dismissal law is also marked by the evolution of many forms of dismissal protection, which requires a careful and proactive approach. The recent Collective Labour Agreement with regard to grounds for dismissal has given rise to several new points for attention.

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Social dialogue is an essential aspect of labour law. Social dialogue is governed by law and takes place in the work council or the committee for prevention and protection. Employee representatives are appointed during social elections.

Ardis has extensive experience in assisting employers in social dialogue.

Employers can make use of many other types of remuneration in addition to the common ‘fixed monthly wage’, such as variable wages or bonuses. ‘Cafeteria plans’ allow for a certain freedom of choice in the composition of wages. Recent changes in legislation have resulted in several original initiatives, such as the ‘non-recurring results-specific benefits’ plan (the ‘bonus plan’- CAO No. 90). The possibilities are varied when it comes to wage composition. This is also a field in which Ardis has all the necessary expertise.

Belgian labour law applies a vast number of penal sanctions. As a result, employers often run a high risk of criminal liability, often without being aware of this and sometimes with disastrous financial consequences.

Ardis takes a proactive approach to assisting entrepreneurs in regard of this. We point out any risks that could be associated with their business operations and offer solutions to exclude or minimise criminal liability.

Entrepreneurs facing social security audits can also count on Ardis to protect their substantive rights. Ardis has been engaged as a lecturer on this topic for various HR managers.

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Labour law and economic activities do not stop at the Belgian border. Many foreign employees are hired by leading international corporations and other organisations to work in Belgium.

A diversity of legal implications are associated with employment in Belgium (as an employed or self-employed person), whether from another country in the European Union or from further away. Whether the person in question has been recruited or has chosen to move to Belgium at his own initiative, Ardis can offer precisely the support needed. We offer targeted and efficient assistance for issues such as work permits, professional certification and visa obligations and will help you make the right choices in these matters.

The decision to set up a flexible organisation in terms of employment is never an obvious one. However, current legislation allows employers to deploy their workers in a flexible manner. Ardis can offer entrepreneurs assistance in this field based on the firm’s thorough knowledge of business operations. Possible systems that can be implemented within this framework are:

  • ‘Small-scale’ flexibility that enables entrepreneurs to adequately respond to peaks and troughs in the production process;
  • Large-scale’ flexibility in which working hours, whether on a day-to-day or weekly basis, can be extended through night shifts and/or production on Sundays and holidays.

Ardis has ample experience in this field.

Hiervoor kunt u terecht bij Gert Van Boven
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