Whether as workers or employers, inconvenience at work can create legal problems. It is in these moments when we might need the help of an employment lawyer, the specialist in labor laws.
The right to work is a principle enshrined in most of the world’s constitutions. That obliges the institutions and their representatives to ensure compliance through laws.
From there arises the need for labor standards and professionals such as the employment lawyer. They are responsible for enforcing the law, both on the part of the employee and the employer.
According to Sattiraju Law Firm, having advice on employment law is essential for any company or institution that has personnel under its charge. It is also beneficial for the workers themselves, especially when it comes to formalizing claims and making requests before the government agencies in charge of work and social security.
The functions of employment law
Are you interested in learning more about the work environment? Do you want to know how an employment lawyer can help you?
The following is the list of the most frequent questions that these professionals can solve
1. The rights of employees
An employment lawyer is of vital importance for any company since firms need to be informed and updated on the rights of its employees. Besides, they can guide you, step by step, through any legal procedure.
For example, the advice of a lawyer could prevent your company from falling into unfair dismissals or sanctions that can lead to complaints and, consequently, financial expenses.
Likewise, the employment lawyer is responsible for restoring the rights of a worker when they have been violated. They take care of the defense of the affected clients or present a company.
2. Employment contracts
The employment law specialist is trained to offer the best advice on hiring personnel. Their intervention allows accelerating contractual processes, saving costs, and providing the best documents adapted to the individual needs of each client.
3. Illegal annex
There are frequent violations of employees’ rights by employers. That can happen when an employer includes unlawful provisions of an annex to a contract of employment, where he transfers workers to jobs that are not following their qualifications. In such cases, workers must sign an unlawful annex in order not to be fired, but reserve the right to challenge illegal provisions in court.
It is essential that, unlike unlawful employer decisions, for which the 60-day deadline for contestation is invalid, the requirements of the annex may be challenged in the longer term. The Labor Code explicitly states that the right to challenge null and void provisions of an employment contract is not time-barred.
Particularly in the case of unlawful annexes to a contract of employment, a provision of the Labor Law is essential, which states that workers are guaranteed equal pay for the same work or work of the same value with the employer. In practice, it is often the case that workers do one job and get paid as if they do another. In these situations, workers can prove what jobs they are doing and look for the difference in lost earnings. Monetary receivables from employment are outdated by three years, so such claims should be timely.
It often happens that employers do not want to pay unused vacation days to former workers. The employee is handed the dismissal, and there are remaining vacation days at the time of the release. Often, workers do not know that in these situations, they can very quickly get the employer to court and force them to pay the residual damages.
The employer is obliged to issue a decision on the use of annual leave for the used vacation. In such disputes, which are quite common in practice, professionals assist in the form of filing a lawsuit and representation at a hearing.
5. Unlawful conduct of workers
There is also a situation where a lawyer can help employers who are often conscientious and honest and have dishonest and dishonest employees for their employees. In these situations, an employment law attorney can assist an employer in getting everything done correctly and get rid of or sanction a lousy employee, depending on the degree of injury that is done.
In particular, the assistance provided by attorneys is useful in court when it comes to unfounded lawsuits by workers to be dismissed. Unlawful employee behavior must certainly be addressed. Sometimes it is a solution to a redundancy decision, sometimes a disciplinary dismissal or a reprimand in lighter cases.
Employment Lawyer’s specialization
In addition to the aspects mentioned above, an employment lawyer is trained to address the following issues, and may even specialize in one or more of the following branches:
- Advice on employment law, at the collective and individual level.
- Guide and execute any judicial procedure in the area.
- Writing, editing, correcting, reviewing, and updating working documents.
- Negotiations between unions and employers for the preparation of collective contracts.
- Correct application of dismissals, warnings, and penalties.
- Correct approach to accidents in the work area.
- Dealing with workplace harassment.
In general terms, an employment lawyer is in charge of advising companies about the elaboration of agreements, always getting the best alternative for the company in the event of occupational accidents.
The employment lawyer will enter into negotiations with the unions and will also provide legal assistance in any procedure that will be carried out before the universal jurisdiction.
Its services are aimed at both self-employed and salaried employees and companies themselves. It should be noted that these lawyers have the power of representation in court if a conflict escalates.
What should we consider before hiring an employment lawyer?
The hiring of any professional is a matter that we must take very seriously; even more so when it comes to a specialist in law, who will represent us and can also defend us in court. Considering this, we offer you a list of things you should be aware of when you require the services of a lawyer.
- The location: although it is not the most important, it is the most recommended. It is of great value that the attorney is easily accessible, and your firm or office is located nearby. Another option is to hire a professional who knows how to operates digitally or provide online advice. That way, there will be no location problems.
- Professional prestige: without intending to discriminate, the labor lawyer we are going to hire must have a master’s degree or specializations in employment law, and his professional career must be faultless.
- Extensive experience: the best advice in all aspects of life is given to us by people who have experience. In this branch of the law, it is the same, if we want to hire the services of a lawyer, the experience factor can make the difference since it will advise us based on previous cases that he has dealt with throughout his career.
- Specialization in the area: Law is an extensive professional area with many opportunities for specialization, so when it comes to hiring a labor lawyer, the ideal would be for them to have studies in this field, such as lawyers specialized in workplace harassment.
- Versatility: if we go to a law firm, we must verify that there are people trained in various areas of law. Thus, they can offer us better options.
Trust your lawyer
The rise of workplace bullying in recent decades has opened a new field for employment lawyers. Contacting these legal specialists is vital if we want to assert our rights as workers and take action against co-workers or superiors.
If you are dealing with any similar issues, please make sure to find the best-trained professionals to help you in your work career. Whether you have problems regarding compensation or abuse, or anything else that has to do with working relations, do not hesitate to contact professionals. They can provide you with valuable legal advice and make your life much more comfortable.