Employment law is a maze of complex rules and laws that every employer and employee faces sooner or later. From hiring to firing, the smallest misstep in an employment relationship can lead to countless discussions, disputes and proceedings.
Pressure on the working relationship?
Employment lawyers Maxim Korthoudt and his team will assist you with their highly specialized and discreet approach.
What can we help you with?
Not your average law firm
Maxim Korthoudt and Wilfried Rauws (Bannister Lawyers) are ready with an enthusiastic team to efficiently and competently guide you through the proliferation of labor law regulations.
Our mission is to assist you at the highest level.
Pushing legal boundaries is in our DNA.
Pushing boundaries sits
in our DNA.
in our DNA.
During his education, Maxim Korthoudt specialized in labor and social security law. As a lawyer he further immersed himself in this field at the firm Stappers Advocaten, a reference in the field of labor and social security law. He exclusively handles labor law cases, which means he is always up to date with the latest developments in this area of law.
Over the years, he developed a particular interest in dismissal law. As a result, he has extensive practical experience in this field. He has successfully assisted employers and employees in both dismissal negotiations and disputes in court. Together with Wilfried Rauws of Bannister Advocaten, Maxim Korthoudt goes for a tailor-made solution for the client. A personal and targeted approach is key.
Find out what satisfied customers
say about us
say about us
Proud of what we achieve.
Brian
I needed help with a labor dispute. I was kindly called after an online inquiry. So follow-up is spot on! Maxim Korthoudt was open to feedback and went to work after the arrangements made. With quick results in the end. After a slightly slow start, communication was much faster later on. It's nice to get quick answers to your questions though! I would definitely call on them in the future.
Maxima
Confidently assisted very well! Smooth and correct communication. Good end result in my case, thanks to Maxim Korthoudt!
Mark
Very motivated young talented team, are very excited about the result you have achieved here we could have only dreamed of congratulations topper. Will definitely recommend you to anyone if they need and counselor.
How do we proceed?
Bannister Lawyers is a high end law firm with specializations in various branches of law.
01
First contact
You contact us with a question or problem. During this initial conversation, we listen to your story, situate the legal framework, and indicate what documents or additional information we still need.
02
Thorough consultation
We schedule a consultation, either at our office or through Teams. In that meeting, after an initial study of the initial documents available, we take the time to fully understand the situation, ask the right questions and get the facts straight. A good analysis begins with an understanding of the facts.
03
Analysis and initial action
Based on that information, we make a legal assessment of your position. This can lead to the drafting of a notice of default, a proposed settlement or the drafting of a subpoena in order to capture the court.
04
Follow-up steps
After that initial action - such as a formal notice - we evaluate together any response or lack thereof. Sometimes an additional letter is sufficient. In other cases, a (legal) procedure is recommended. Everything happens in consultation, with an eye for your goals and interests.
Frequently Asked Questions
Dismissal motivation: mandatory or not?
Was the dismissal given for just cause or not? A question that frequently arises after a dismissal. But is the employer obliged to disclose the reasons for the dismissal?
In principle, an employer is not required by law to spontaneously communicate the reasons for dismissal. The employee can always request the concrete reasons for dismissal from the employer by registered letter. This request must be made by the employee within two months of the termination of the employment contract.
The employer must respond within two months of receiving the registered letter, also by registered mail. Failing this, the employer will have to pay a penalty of 2 weeks' wages.
Meeting or not meeting the grounds for dismissal can have serious consequences in a subsequent challenge to the grounds for dismissal. See our article "A manifestly unreasonable dismissal, how and what?
Is the dismissal unjustified?
Since April 1, 2014, collective bargaining agreement No. 109 has come into force to combat the manifestly unreasonable dismissal of employees. A manifestly unreasonable dismissal is the dismissal of an employee for reasons unrelated to his suitability and/or behavior or not linked to the company's necessities. Moreover, a normal and reasonable employer would never have proceeded to this dismissal. The manifestly unreasonable dismissal applies only to employment contracts of indefinite duration.
The manner in which the grounds for dismissal were made determines who must prove the manifestly unreasonable nature of the dismissal:
The employer communicated the reasons for dismissal spontaneously or upon express request provided compliance, the employee must provide proof.
The employee has asked about the reasons for dismissal but the employer does not answer according to the rules, the employer will have to provide proof.
The employee did not submit a question or it was not valid then it is up to the employee to provide proof.
Sanction?
If the dismissal is labeled as manifestly unreasonable, the employer will be ordered to pay compensation equivalent to a minimum of 3 weeks and a maximum of 17 weeks of wages.
For questions regarding this topic, contact us. A manifestly unfair dismissal is never a black and white story.
Can an employee be fired during illness?
One of the main misunderstandings within dismissal law is that a sick employee could not be fired while on disability. This is incorrect.
An employer may fire a sick employee at any time. However, the employee may not be fired because of the illness. Such dismissal may be manifestly unreasonable and give rise to compensation or even be considered discrimination based on health status.
You can always contact us with questions regarding dismissal during a period of illness.
In other cases, there may be severance protection, click here for more info.
Addresses
With our offices across Belgium, we are happy to assist you with full support and expertise.
Direct contact
Contact us directly using the contact information below
03/369.28.00info@bannister.beAntwerp headquarters
Suikerrui 5
2000 Antwerp
Consultations Diegem
Pegasus Avenue 5
1831 Diegem
Consultations Aalst
Groeneweg 17
9320 Aalst
Consultations Leuven
Philipssite 5
3001 Leuven
Consultations Hasselt
Kempische Steenweg 311
3500 Hasselt
Consultations Turnhout
Peace Street 58
2300 Turnhout
Consultations Roeselare
Kwade Street 149
8800 Roeselare
Consultations Ghent
Oktrooiplein 1 bus 201
9000 Gent
Contact us without obligation
Mail:
info@bannister.beTel:
03/369.28.00Consultation in the office?
Schedule an appointment