“Looking for solutions together”

Legal ACV professionals guide you through a legal tangle

Do you have a legal question about your job? You’ve come to the right place: ACV. Hendrik Blondeel and Ann Dili work at the legal department of ACV and know the ropes. “Listen and analyze,” this is the essence of their job according to Hendrik. “Because the question put to us is often a steppingstone to a more complex problem. It is then up to us to gauge what the author of the question really wants from us.” Ann adds: “Together with the member, we look for the best way to tackle the problem.”

What kinds of questions do people put to you?

Hendrik: They run the gamut. They are also increasingly complex. Wages, working hours, notice period, copyright, non-competition clause… Often a combination of a variety of issues. Then it is up to us to analyze what the underlying question actually is. And especially what exactly is expected of us. Some members primarily want our advice and then approach their employer themselves. Certainly workers who are confident like to tackle things personally on the basis of the legal information they receive from us.

Ann: But there are also members who want us to contact the employer. Sometimes even with very high expectations which we then have to tone down a little. Trying to “get back at” your employer because you are disgruntled about being laid off is not the best way to get things done. Then we try to look objectively at what is demonstrably incorrect and whether we can correct it. Initially in consultation with the employer. Sometimes we also go to court, but often what people want is not legally enforceable. A dismissal can feel very unjust, but still be legally sound.

Often the actual question also belies a multitude of secondary questions. Then you need someone knowledgeable on the matter who will show you the way out of the legal quagmire.

How do people react?

Ann: Then they are of course disappointed. Fortunately, these are exceptions. Most of our members are open to reason.

Hendrik: Over the years I have learned to be very open and honest. I try to avoid overly high expectations from the start.

Ann: If someone comes to us with an impossible question or expectation, I have already learned that it is best to say so immediately. That yields more satisfaction than if you try to take it on, but inevitably fail anyway. At that stage, failure is much more difficult to accept.

Hendrik: If we clearly explain from that start what is possible, people understand. The law is what it is. Sometimes there are imperfections, sometimes you cannot enforce what you would want to. And a disjointed employment relationship with a reluctant employer is also difficult to rectify legally.

Doctors sometimes complain about patients who consult ‘Doctor Google’. Are you sometimes confronted with members who scoured the internet?

Ann: Sometimes. We do notice that people often look for information themselves. On the internet, from friends, from the union. Sometimes they come to us for a ‘second opinion’ or they check our information with others afterwards. People shop around more than they used to.

Hendrik: But the solution is usually not so easy to find on the internet. Legislation and jurisdiction are highly complex! And often the actual question also belies a multitude of secondary questions. Then you need someone knowledgeable on the matter who will show you the way out of the legal quagmire.

Ann: I have also had members ask us to thoroughly comb through their final account settlement upon their dismissal because they believed something was off. But then we found that mistakes were also emerging in their favor. Good thing they did not immediately challenge them on a whim. Because then they would have risked even more.

You are of course usually contacted when things go wrong. How can people avoid getting to that point?

Ann: We are increasingly being asked for contract advice. This is always a good idea. Because the moment you sign, you are recording a number of things on which you cannot renege afterwards. So it cannot hurt to take a good look at it and to know what is in your contract. We are happy to take a look as well. We know what to look out for. You can always ask your employer for clarification before signing. Of course, not every provision in your contract is exactly how you prefer it. There is always some give and take. But it is always good to at least know what exactly is included and to what you and your employer are committing.