Recent changes to the Labor Code: what employers need to know
Balance and dynamics: The employment contract as a partnership, not just an obligation
In a modern labor market, the individual employment contract is no longer just a simple administrative document required by the labor inspectorate — it is the legal foundation of the relationship between employer and team.
Legislative changes or a company's internal dynamics often require adapting the rules of the game. For an employer, protecting the business and preserving social peace within the team depend on how existing contracts are managed when changes arise.
🛠️ The 4 golden rules every employer must apply
If you have employees and want to avoid labor disputes or fines, here is what you need to keep in mind at all times for existing contracts:
- Any change must be made through an Addendum. Whether you're changing the salary, the role (occupation code), the work schedule, or the workplace (for example, moving to remote work), changes are never made verbally or through a unilateral decision alone. They must be agreed upon and signed through an Addendum before the change actually takes effect.
- The job description is a living document. Don't let the job description become a dusty, forgotten document. If an employee's responsibilities have changed over time but the job description hasn't, you won't be able to evaluate them fairly or apply sanctions for failing to meet their duties. Regularly update responsibilities through addenda attached to the employment contract.
- The Internal Regulation — your shield in case of disciplinary misconduct. The employment contract tells you what an employee does, but the Internal Regulation sets out how they behave within the company (discipline rules, notice procedures, use of equipment). To be enforceable (so you can sanction someone based on it), the Internal Regulation must be brought to every employee's attention, with signed acknowledgment.
- Protect your trade secrets (special clauses). For key employees, a standard contract isn't enough. Make sure you have inserted well-drafted specific clauses: a confidentiality clause (to protect sensitive data and clients), a non-compete clause (valid after leaving the company — but note, this must be paid for!), or a mobility clause.
