The compliance guide

Does your company comply with the law? Is the wage calculation carried out correctly? Does the cooperation with your social secretariat run smoothly? Learn on the basis of social legislation and useful tips how you can better deal with compliance.

Contents

  1. The concept of compliance
  2. The work regulations
  3. The employment contract
  4. GDPR of General Data Protection Regulation

1. The concept of compliance

What does compliance mean?

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.

Tasks to ensure compliance

  1. Define which laws and regulations apply to your organization
  2. Assessing the risks in terms of compliance to be managed
  3. Keep an eye on attitude and behaviour within the organisation and adjust where necessary
  4. Reporting breaches of compliance
  5. Follow-up of changes in existing and new regulations
  6. Adjusting policies on the basis of legislative changes
  7. Monitoring of implemented procedures and policies

2. The work regulations

Why do you have to draw up work 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.

What should your work regulations definitely contain?

  1. The way you measure and control work to determine pay
  2. The manner, time and possible place of the wage payment
  3. The rules for determining notice periods/allowances and the urgent reasons for dismissal without notice or compensation
  4. The duration of the annual holiday and collective holiday and the rules you apply to grant it
  5. The places where the person must be for first aid and where bandages can be found, as well as the medical service in the event of an accident at work
  6. All measures taken against harassment, violence and unwanted sexual behaviour at work
  7. Possibility of revoking or modifying time credit if your company does not have social bodies
  8. References to collective agreements applicable to working conditions and/or collective agreements within the undertaking
  9. The full text of collective agreement No 1/2004 of the European Council 25 on equal pay for men and women
  10. The supplementary pension scheme and the personal contribution for employees if your company does not have social bodies
  11. The names of the members of the works council, the Committee for Prevention and Protection at Work and the Trade Union Delegation
  12. The addresses of the inspection services which monitor the application of legal and regulatory provisions on the protection of workers
  13. Data from the Security of Livelihood Fund, social secretariat, child benefit fund, annual holiday coffers, the insurer for accidents at work, the internal prevention consultant and the external prevention and protection service at work
  14. The RSZ connection number and the number of the Joint Committee
  15. The place where the law on the Crossroads Bank is attached
  16. The certificate of regular consultation of workers

The Achilles' heels of the work regulations

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 problems:

Hour sch
e
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
s
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.

Disciplinary sanction
s
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.

Psychosocial aspect
s
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.

Labour regulations and beyond

Additional matters that can be determined in the labour regulations

In addition to what should be included in the employment regulations, you can also add certain things yourself. This can range from house rules on how one deals with each other, partners or customers in the company to writing out procedures such as e.g. how leave is requested, or how a dismissal should proceed. Be careful not to put too many procedural steps in the labour regulations. Often these are lost sight of and the dismissal does not apply as a result.

You can also include following obligations in the employment regulations. These are legal and therefore in accordance with compliance.
  1. You may require your employees to inform you immediately when their address or family situation has changed. This is important for payroll processing, but also in the event of a dismissal procedure, so that you send the letter to the right address.
  2. You may require an employee to immediately report a few things, such as the location, size and cause, in the case of a work-related accident. This is not only in the context of your prevention policy, but also to help determine liability.

The staff manual

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.

3. The employment contract

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:
  1. Employee self-service
    By offering employees a Self Service app, HR managers in Officient can easily start communicating contracts to employees. In addition, the self-service automatically sends out reminders when certain agreements have yet to be signed, or when new ones have arrived.
  2. Central contract management
    You can draw up an overview and consult all contracts that have already been signed or still need a signature. It is also very easy to quickly send a personalized reminder to follow up on a missing signature.
  1. Template builder
    With the contract template builder you can easily draw up contracts yourself, with bulk distribution you can easily send these digital documents to a whole group of people and follow up their individual approval in our tool.
  2. Electronic hand drawing
    We make it possible for employees to digitally draw documents on any device. Such a digital signature is also fully legal.

1. GDPR or General Data Protection Regulation

The term GDPR may have been mentioned a few times already. It is the abbreviation for 'General Data Protection Regulation'. The GDPR aims to protect the citizen by protecting personal data on any channel and offering the possibility to delete data if necessary.

The basic principle of the GDPR

  1. As a company, you may not store personal data without permission
  2. Data that you store with permission must be securely archived.
Doesn't sound so radical, does it? You probably already have a reliable CRM package where data is safely and carefully stored. Sorry to puncture the balloon, but that's no longer enough.

GDPR applies to any company

We're all for digitization. However, the increasing centralisation and management of data in software also means that more data will be put online. If that data is picked up and used for the wrong purposes, e.g. by hackers, the citizen is put in a vulnerable position. In order to protect the data of European citizens, Europe has therefore decided to impose rules on companies via the GDPR to safeguard the data of citizens.

The right to be forgotten

According to the GDPR guidelines, for example, everyone has the right to be 'forgotten' online. Do you remove data from people who are no longer linked to business purposes (e.g. invoices)? Honestly? Of course not! You usually don't have time for such manual, cumbersome tasks. And yet, you have to respect the 'right to be forgotten'. Any idea how you'll manage that?

Since when do those rules apply?

The starting shot was given on 25 May 2018. As a company, you were then required to be able to prove that you are keeping track of all the personal data collected, with the official approval of the person in question. Do you already see this new way of data processing? Storing a mobile phone number or an applicant's email address requires a gratifying okay. Do you still think the GDPR will not have an impact on your HR processes?

Officient is prepared

As a point of contact for the optimisation of hr processes, Officient is of course fully involved. But we also want to offer solutions in the field of data protection. Officient ensures that data of employees is centralised in one central place. Demographic data, employment contracts, policies for the use of a car or other assets, and numerous other personal data are available in one overview per person. From there, you can make changes easily and quickly.
What's
more, a rights system gives only authorised persons access to the data of co-workers and, via the Self Service app, all employees get an overview of all the data that the company keeps about them. They can also make changes themselves.