The concept of compliance comes from the English verb 'to comply' which means 'to comply'. It is used to indicate that an organization operates in accordance with applicable laws and regulations. So if you comply with the law, then your company is doing everything by the book. Usually, compliance is arranged on the basis of contracts, procedures and policies. These cover financial supervision and payroll, but also extend to social documents. We advise you to start at the beginning of any business-related compliance: the employment regulations.
As a rule, it is up to the employer to draw up employment regulations
as soon as your company has one employee. This is the first step in complying with the law and essentially covers all the rights and obligations of your employee and company
. Some statements are required by law under social laws. These can be found here
. But you can also attach your own relevant agreements.
Every new employee must receive a copy of the employment regulations and receive the latest version with every change. This is important, because otherwise there is strictly speaking no compliance
and the employee is not bound by it. In addition, it is wise to make a copy of the employment regulations and give it to the employee.
Increasingly, the regulations are also made available electronically, but that is not enough - you have to hand them over to be compliant.
But not everything is so straight-forward. When drawing up employment regulations, be sure to pay attention to these issues, as they often pose compliance
dules You have to include the different hour schedules
in the regulations. In doing so, you mention the start, the end and the breaks of a working day. You should also mention when the company is accessible to employees who work outside the company. Since 1 October 2017, you are no longer obliged to include all part-time work schedules. In that case, however, the regulations must contain a framework that determines how variable timetables are drawn up
Statutory holidays and replacement day
In addition to annual holidays and collective holidays, your employment regulations must also mention statutory holidays
, as you may already have known. It is not so well known that you also need to keep a copy of the message with which you reported in the company which replacement days
have been chosen for holidays that fall on a Sunday
. In addition, describe the rules that determine how your employees can catch up when they work on a public holiday or Sunday.Supervisor rights and obligations
Describe in as much detail as possible how you can control your employees. Why should you do this? Because a control measure that does not
appear in the employment regulations may
be considered illegal
The serious S-word has been dropped. The work regulations should list possible sanctions, in addition to the behaviour they punish.
If you do not do this, you cannot impose them should this prove necessary. Sanctions can be limited to a verbal admonition or a written warning, but can also include dismissal (whether or not for an urgent reason). Attention. You must notify the sanction on the first working day after you discovered the shortcoming
, otherwise it may be null and void. As an employer, you must also be able to prove that you imposed the sanction on time.Preventive alcohol and drug policy
As an employer in the private sector, you must implement a preventive alcohol and drug policy in the employment regulations. In order to achieve your principles and goals
, you can (not mandatory) introduce rules
on the availability (or not mandatory
) of alcohol at work, the introduction of alcohol and drugs, work-related use and the preventive taking of tests. Furthermore, you can determine the procedure
to be followed when someone does not function properly due to alcohol or drug use or when they break the rules.
As an employer you must also pay attention to psychosocial risks in the workplace. Therefore, the work regulations should contain a statement of principle/policy
regarding this issue, as well as the procedure to be followed in case of psychosocial problems. Also add contact details of the confidential
counsellor within the company and that of the psychosocial aspects prevention advisor or of the external service for that purpose.Access to social services
Finally, it is compulsory to state how and when
your company's social services can be accessed
. This includes toilets, showers, washbasins, changing rooms and refectories, but also, for example, rooms for breastfeeders. If you do not take this on board, you risk a hefty criminal fine, or even heavier penalties if the lack of this information leads to health damage or an accident at work.
The work regulations provide clarity on essential matters. It is also a document that employees must go through. Seize the opportunity to positively inspire your employees and provide information about other aspects of the company: expand it into a comprehensive personnel handbook
. The information in such a personnel handbook may vary in importance. It can be indispensable information: policies and agreements that employees have to read and sign. Or it may rather be nice-to-know information such as information about fringe benefits, training, procedures, FAQ or an organizational chart
A personnel handbook is not a work regulation and therefore does not have to be purely informative. Make sure your personnel handbook is positive, inspires and involves your employees. This way they will be more inclined to follow it. Also make sure it stays up to date. If a certain code of conduct changes, please include it in your manual. And last but not least, set a good example and put your money where your mouth is.
According to the rules of compliance, as an employer you must draw up an employment contract
for each employment contract. The social secretariats often also offer the option of drawing up this contract for you or providing a template. If you decide to draw up the contracts yourself, be sure to provide a copy to your file manager. Do this as soon as possible after approval of the contract. In order to be able to carry out the wage calculation, the account manager needs certain information from this document.With the contracts module In Officient we digitize the administration of contracts and make the associated tasks less time-consuming. We do this using four tools: