Articles on Labor Matters
Practical legal information for entrepreneurs. Read what to look out for, which steps are sensible, and when legal advice is necessary.
Step-by-step plan for calculating severance pay in 2020
Employment Matters
30 October 2019
Since 2020, the transition payment is calculated using a fixed formula: your employee accrues entitlement from the first working day, and for each full year of service, you calculate 1/3 of the gross monthly salary; remaining months...
Canon law sometimes sidelines labor law
Employment Matters
23 October 2019
Yes, canon law can set aside regular employment law in certain cases. Church denominations are permitted to organize themselves according to their own ecclesiastical statutes, and the Supreme Court confirmed in 2019 that this freedom of organization sometimes...
Is WKR tax-free allowance possible for fixed wages?
Employment Matters
17 October 2019
Yes, 'hard wages' can also fall under the tax-free allowance of the Work Expenses Scheme (WKR). The Supreme Court ruled that the nature of the wage component is not decisive: even a purely...
How far does the redeployment obligation extend at international groups?
Employment Matters
9 October 2019
In principle, the redeployment obligation extends across the entire group and does not automatically stop at the national border, but it does have clear boundaries. If your company is part of an international group, then you must...
How can you grant a fixed expense allowance to staff?
Employment Matters
October 2, 2019
A fixed expense allowance for staff is permitted, but only if you substantiate the amount in advance with an investigation into the actual costs and repeat that substantiation as soon as circumstances change...
Benefits derived from third parties but granted by the employer = wages
Labor matters
September 30, 2019
Yes: a benefit that your employee receives from a third party, but which you as an employer grant or allow, is generally considered part of taxable wages. Think of tips, allowances...
Grounds for dismissal due to refusal to work cannot be cumulated
Labor Affairs
September 26, 2019
Under the WAB, the cumulative ground (ground i) cannot be combined with the ground for dismissal based on refusal to work due to conscientious objection (ground f). If you, as an employer, wish to dismiss an employee on the f-ground, you must...
Dispute between colleagues: is dismissal possible?
Labor Affairs
September 25, 2019
Yes, a dispute between colleagues can lead to dismissal, but never without reason. A conflict between employees (a horizontal disruption) can constitute valid grounds for dismissal if the relationship becomes seriously and...
Employee reports illness via WhatsApp: is that valid?
Labor Affairs
September 12, 2019
Yes, reporting sick via WhatsApp can be legally valid. The law does not prescribe a fixed form in which an employee must report sick. What is decisive is not the channel, but whether it...
Why you set a good example as an employer
Employment matters
September 4, 2019
As an employer, you are almost always liable for the damage suffered by your employee or hired freelancer in the event of a workplace accident, unless you can prove that you have fulfilled your duty of care...