Before indicating the situations and reasons why hiring a labor lawyer, let’s define exactly what type of professional we are talking about. A labor lawyer is a lawyer or lawyer specialized in the field of Labor Law or Labor Law.
Labor relations are governed, basically, by the Workers’ Statute. But to this general law a large amount of legislation is added regarding the relations between workers and companies, which is also characterized by being modified quite frequently (due to new policies or changes in the economic situation). On the other hand, the current legislation must incorporate judicial decisions that create jurisprudence. Therefore, it is a field of compensation lawyer law that requires great specialization and constant updating.
Hiring a labor lawyer is as important for a company as it is for a worker. From the point of view of a company, the labor lawyer allows to be informed and advised in the labor field and to prevent conflictive situations with the workers. For this reason, mainly large companies have these professionals on their staff.
On the part of the workers, it is normal to go to a labor lawyer when a problem has occurred with the company or a situation that we consider inappropriate is detected (non-payment, breach of contract conditions, harassment, dismissal, etc.)
A worker must go to a labor lawyer both for information and advice on some type of labor dispute, as well as for specialized advice and representation in a judicial process.
If a worker detects situations that raise doubts about the legality of him, he should go to a labor lawyer for specific advice on:
- His rights (cancellations, permits, etc.) and obligations (schedules, performances, productivity, etc.) according to his contract and the law.
- The legal consequences of his actions (abandonment of functions, absences, etc.).
- The specific conditions that are included in your contract and find out if they comply with current legislation.
- Identify if the conditions or the situation in the work environment may constitute a crime or breach of contract by the company.
- If you consider that the employment contract has abusive clauses (exclusivity, availability, etc.).
- In dismissal situations to identify the validity and legitimacy of the dismissal (unfair dismissals); as well as knowing the compensation that may correspond.
- If they are obligatorily transferred between the headquarters or offices of the company without being contemplated in the contract (other provinces or communities).
- Representation in conciliation acts and reaching agreements with the company.
- Any conflict situation between worker and company that concerns us and we want expert advice.
Of course, a worker must have a labor lawyer and work injury lawyer to face with guarantee in any judicial process that he intends to initiate against a company. Likewise, you must count on him for prior advice and evaluate both the actions to reach agreements with the company and the convenience of starting a judicial process.
