Conscious contracting
Conscious contracting, is an essential part of a sustainable HR policy. Firstly, within a sustainable HR policy, conscious contracting aims to draft contracts with content that everyone, regardless of age, background or education, understands. No unnecessarily difficult language. No articles hung up on ifs, buts and maybes. Short and sweet, so everyone knows what is meant.
The aim of conscious contracting within HR practice is to be fair, open and transparent between all parties involved in an employment contract. Contracting is done on the basis of equality and mutual respect. So it is about drafting contracts, staff guides and/or regulations that contain clear and understandable rules and conditions and avoid hidden clauses.
In addition, conscious contracting can also help reduce legal risks and disputes between parties. By drafting contracts carefully and ensuring that all parties are fully aware of their rights and responsibilities, potential conflicts and legal disputes can be avoided. If it is crystal clear to an employee when he is and when he is not entitled to a bonus, you can thus avoid discussion, which in turn could lead to a disrupted working relationship.
These days, online search engines provide a legion of examples of employment contracts with the stamp of conscious contracting. They are often contracts no longer than one page, drafted in short sentences. Sometimes the contract does not even involve any words at all, but consists of images and signs only. However attractive these contracts may look, it is always important to keep in mind the goal of conscious contracting: to reflect agreements that apply in both directions in clear terms to avoid discussion. That may sometimes mean that precisely a longer passage with conditions is needed, to achieve that goal. Therefore, don't be overly guided by the overriding desire to 'want everything on one page' or 'work with images as much as possible'. In the end, it is still about drawing up a solid contract.
Sample extended confidentiality clause:
Apart from knowledge that is accessible from general sources, the employee undertakes, both during and after termination of the employment agreement, to maintain absolute secrecy towards anyone regarding anything that has come to his confidential knowledge in the performance of his duties in connection with the employer's business and interests.
Example of confidentiality clause in the conscious contracting style:
During your work with us, you will come into contact with confidential information about your work and our organisation. We like to keep this information private, and you are not allowed to share it with others without permission.
In other words, conscious contracting is a great addition to a sustainable HR policy. By drafting standard contracts, personnel manuals and regulations in such a way that everyone understands them, and that they leave no room for discussion, everyone knows where they stand: the employees, the employer as well as the personnel officer or HR officer. That’s as clear as day, isn’t it?