Employment Contracts Act and the Role of the Proactive Confidential Advisor

From legal article to practical insight

The proactive confidential advisor makes provisions of the law understandable and applicable. This is done through:

• Accessible Q&A sessions for employees (e.g., on the right to continued salary payment, or changes to the employment contract);

• Practical explanations in cases of conflicts or uncertainty about rights and obligations;

• Informally translating formal language in conversations with employees.

Linking signals to policy advice

Conversations about working conditions, working hours, workload, or inequality provide valuable insights. As a proactive confidential advisor:

• You collect signals on recurring issues;

• You discuss these with HR and management (anonymized and trend-based);

• You advise on revising or strengthening policies or employment conditions.

Key legal articles and your role as a proactive confidential advisor

• Article 7:610
  • Agreements between employer and employee:
    • Clarifying rights in cases of misunderstandings about tasks, working hours, or working conditions.
• Article 7:613
  • Modification of employment contract:
    • Facilitating discussions when there is resistance to proposed changes, such as role changes or schedule adjustments.
• Article 7:629
  • Salary continuation in case of illness:
    • Supporting employees during long-term absence or uncertainty about reintegration obligations.
• Articles 7:652 / 7:670-678
  • Probation period and termination of employment:
    • Guidance in cases of uncertainty regarding probation, dismissal, or termination by mutual consent.
• Article 7:658
  • Working conditions:
    • Identifying unsafe workplaces, psychosocial stress, or inadequate protection.
• Article 7:611
  • Good employment practices and equal treatment:
    • Highlighting unequal pay, exclusion, or unprofessional behavior by managers.

Advisory role toward HR and management

You act as a bridge between legislation and organizational practice. For example:

• Proposing improvements for communication about rights (e.g., in cases of illness or working hours);

• Advising on alternatives when changing employment conditions;

• Contributing ideas for preventive measures regarding workload or workplace conflicts.

Monitoring and feedback

The proactive confidential advisor keeps track of:

• Which legal provisions frequently give rise to discussions;

• Where there is uncertainty or incorrect application;

• What employees need to better understand their position.

These insights are translated into:

• Anonymized reports;

• Internal learning or reflection sessions;

• Suggestions for adjustments to work agreements or contractual terms.

In conclusion

The proactive confidential advisor supports not only the individual but also contributes to structurally strong employment relationships. Legislation thus becomes not an obstacle, but a foundation for safety, clarity, and trust.