What is good employment practice?
Good employer conduct under the law means that you, as an employer, must behave properly. According to article 7:611 of the Civil Code is there a case of good employer conduct and good employee conduct. That means that both employer and employee are obliged to behave properly. But what exactly does this mean? As an employer you take the interests of employees into account in the choices you make. In addition, good employer conduct means that you must adhere to a number of basic principles. By following them you ensure a safe and pleasant working environment for your employees.
The six principles of good employment practices
The six principles for good employment practices can make the definition of good employment practices a bit clearer. These principles are only a basis, but it is wise for an employer to be well informed about them.
1. Duty of care
This means that, as an employer, you behave carefully toward employees. You consult with them about decisions to be made and, in doing so, weigh not only your own interests but also those of your staff.
2. Principle of equality
You treat all employees equally and under no circumstances make a distinction based on sex, origin, etc.
3. Principle of legitimate expectation
Employees have certain expectations of their employer and they trust that agreements made will be kept. Make sure you do not undermine this trust.
4. Do not abuse your position
As an employer you must not misuse the stronger position you have. Respect employees and give them the opportunity to make their own contributions to the organization.
5. Justify important decisions
A significant decision, such as transferring an employee to another department, must always be well justified by you as an employer.
6. Make sure you have adequate insurance
Every employer must have accident insurance that compensates employees for damages after an accident at work, during a staff outing or on a business trip.
What other aspects fall under good employment practices?
The definition of good employment practice in the Civil Code and the elaboration of the basic principles provide a basis, but do not define all the characteristics of good employment practice. Being a good employer goes beyond that. It is about ensuring a safe (and, if necessary, adapted) working environment, a pleasant atmosphere, job satisfaction and focus on sustainable employability of employees.
This responsibility, of course, does not rest with you as the employer alone. Good employment practices should be known throughout the entire HRM department and be high on the agenda.
Good employer conduct in specific situations
Good employer conduct plays a role both in the day-to-day running of an organization, but is also particularly important in certain specific (somewhat less pleasant) situations.
Good employer conduct in dismissal
Goed employer conduct is of great importance in dismissals. Being forced to say goodbye to a colleague is painful. Caring for employees is one of the core values of good employer conduct, so it is important to continue to do this even in dismissals.
When dismissing someone without notice (summary dismissal) you are required to gather sufficient information and to apply the principle of hearing both sides. You must therefore give an employee the opportunity to tell his or her side of the story. If you do not do this, a judge may decide that there has been poor employer conduct and reverse the dismissal. Good employer conduct is therefore all the more important in dismissals.
Good employer conduct during illness
Good employer conduct during sickness is also important. If an employee becomes long-term ill, as an employer you have a duty to take the right steps in a timely manner. Ensure a good sickness absence policy and be aware of what you need to do in certain situations. Parts of good employer conduct during sickness include proactively supporting the ill employee, keeping the reintegration file in order, and taking into account all deadlines that arise in the process.
