The new employment standards legislation, which applies to both workers and employees: does it simplify or complicate things? What should you take into consideration?

The abolition of the probation period and the waiting day (unrefunded first day of a worker’s sick leave) and the introduction of mandatory grounds for dismissal are some crucial aspects of the new legislation.

Due to the elimination of the probation period in contracts for an undetermined period, employers are increasingly using fixed-term contracts and employees are increasingly starting jobs as interim workers. Among employees, fixed-term contracts can create a feeling of insecurity

For employers, fixed-term contracts are a good alternative as they allow for a thorough assessment of whether an employee is fully suitable for the job. In the long term, however, fixed-term contracts can have adverse consequences for a company.  For example, the knowledge a new employee has acquired is simply lost when the interim contract lapses. To avoid such situations when offering contracts for undetermined periods, employers should subject applicants to a more thorough selection process, e.g. testing specific competencies.

Also of importance is the employer having a clear image an employee’s profile and abilities.

Should the partnership be terminated, the employer must be able to provide a clear reason for this decision as employees have the right to be informed of the reason for being let go, until 2 months after termination of the contract. If a clear motive for the contract termination is not provided, the employer is obliged to pay compensation to the former employee.