Why do I need an employment adviser if I already have a social secretariat?
The social secretariat calculates and declares payroll. It provides templates for contracts and work rules, but does not check either their content or their suitability for your business. We draft bespoke employment contracts, complete with the necessary annexes, such as meal vouchers or remote working arrangements, and we keep your work rules up to date. We also set up a job classification system, which enables you to justify optimised remuneration packages. Finally, we manage your relationship with your social secretariat on your behalf.
Are work rules really compulsory?
Yes, from the very first employee. The work rules set out, in particular, working hours, the terms of payment of remuneration, disciplinary measures and notice periods. They are drawn up in accordance with a specific procedure and then filed with the Social Legislation Inspectorate within eight days of coming into force; any amendments follow the same procedure. The absence of work rules, as well as failure to comply with these formalities, constitutes a Level 2 offence under the Social Criminal Code, punishable by a criminal fine of between €400 and €4,000 or an administrative fine of between €200 and €2,000. The consequences go beyond the fine: a part-time worker whose timetable has not been correctly published may be deemed to be employed on a full-time basis, with the corresponding social security contributions, and a disciplinary measure not provided for in the regulations cannot be applied. We draft your work rules, manage the adoption process, ensure they are filed, and keep them up to date with every change to working hours or legislation.
What does the fixed-price package actually include?
The package covers all services within the selected service area, with no charge for individual tasks. The Payroll service area includes the entry and verification of working hours, leave and time credits, social security registrations and Dimona reporting, the checking of payslips, liaison with your social secretariat and a helpline for your employees. The Legal & HR package includes answering your day-to-day queries, drafting contracts, amendments and correspondence, updating the work rules, conducting periodic staff appraisals and providing support with contract terminations. You can choose one or both packages; in either case, we will monitor your deadlines and employment incentives. Only one-off assignments are subject to a separate quotation.
How is the fee determined?
Depending on your workforce size and the package chosen, prices start from €300 excluding VAT per month for a company hiring its first employee. The fee is fixed, agreed in advance, and adjusts as your workforce changes. There is no minimum contract period. Tasks that fall outside the scope of the service, such as a full audit or a dispute case, are discussed before being undertaken.
Can you take over a case that my social secretariat has mishandled?
Yes. We analyse the relevant quarters and calculate what can be rectified. If a change of social secretariat is necessary, we organise this in accordance with the minimum membership period and the notice period stipulated in your contract, and then we check the first statements. In the event of a National Social Security Office (ONSS) debt, we prepare the application for a repayment plan and liaise with your accountant and, where necessary, your lawyer.
Do you work with my accountant?
Always. The accountant and the employment adviser complement each other: they look at the figures, we look after the staff. We provide them with what they need for the closing of the accounts, and they let us know about any changes within the company. In fact, most of our clients have been referred to us by their accountant.
How does the initial set-up work?
We start with an initial 30-minute discussion to understand your situation. Then we review your documents and social security returns, which serves as a starting point. From the very first month, you have a single point of contact who is available and familiar with your case.
What are the risks of dismissing an employee without a valid reason?
Under Collective Labour Agreement (CLA) No. 109, any employee dismissed after six months’ service may request the specific reasons for their dismissal. If you fail to respond within the specified timeframe, a civil fine equivalent to two weeks’ pay is payable. If the judge deems the dismissal to be manifestly unreasonable, they will award compensation of between three and seventeen weeks’ pay, in addition to the notice period. The best protection is prepared in advance: regular written appraisals, dated warnings, and up-to-date work rules. This is what we put in place, and we draft the response to requests for reasons.
Why carry out staff appraisals?
A periodic appraisal serves first and foremost as a management tool: for setting objectives, organising training and determining pay. It also serves as evidence. In the event of dismissal on grounds of professional inadequacy, it is often the only written record demonstrating that the employee had been informed and had been given the opportunity to improve. We prepare appraisal forms tailored to your roles, we conduct or prepare the appraisals with you, and we keep records of them.