Faced with the increase in disputes between employers and employees and the constant evolution of case law and texts, it is absolutely necessary to be advised and assisted in labor law. Labor law is a complex subject: multiplicity of sources (legal, conventional, contractual, uses, etc.), constant evolution of applicable standards, etc. In this context, the role of a labor lawyer specializing in the defense of employers goes much further than litigation and representation before the courts.
Employer Lawyer will inform and advise you on your rights and duties in matters of employment, in particular on issues of hiring, performance and termination of contract or dismissal. They also help you to manage and set up the life of employees in the company. A specialist in labor law, California-business-lawyer-corporate-lawyer is a true business partner. They accompanies you throughout the contractual relationship.
Before choosing to become a lawyer and taking it up as an occupation, one should know how much do lawyers make. As we all understand, there are various kinds of lawyers, and all of them have specific roles and work profiles.
1 - Direct and permanent control of labor litigation
Good legal advice, when monitoring and controlling litigation (legal proceedings already filed against the company), should be able to:
- carry out a survey of all processes already in progress with the Labor Court, providing quick and efficient solutions for each of these processes, thus avoiding convictions in absentia of the company;
- Follow-up on the process so as not to miss deadlines and reduce, or even avoid unnecessary expenses in the course of the processes;
- anticipate necessary expenses (expertise, certificates and other steps), helping the entrepreneur to plan his expenses with the processes.
2 - Control and reduction of labor liabilities
Through the assistance, the procedural follow-up is improved. The legal team will be able to make a more detailed examination of the processes in progress, generating bolder and more specific defense theses for each process.
This increases the chance of success and, consequently, reduces expenses with payment of amounts arising from agreements and/or judgments.
A company with a history of failing to comply with labor standards and losing legal cases will be more likely to be sued. Thus, if preventive work, combined with a lower number of lost cases, is effective, the tendency is to reduce problems with Justice.
3 – Advice on personnel management (dismissal, admission, promotion, punishment)
Labor legal advice involves much more than just taking care of existing processes. Much of the consulting team's effort will have to be spent on proper personnel management.
It is important that the processes of admission, promotion, dismissal and, mainly, punishment of employees, are properly monitored so that conflicts (which are unavoidable) do not generate lawsuits.
4 – Prevention of new disputes
With the correct management of personnel and the documentation related to the employees done in an adequate and organized way, the number of conflicts with the employee that end up in the Labor Court tends to drop drastically.
In addition, legal advice will guide the entrepreneur to document those facts that, in the future, may serve as evidence in a possible labor dispute.
For example, it is very common that a lack of written record of warnings given to a worker can make it difficult to terminate for cause. In addition, if the company starts to properly comply with labor standards, little or nothing will be required in the Labor Courts. In the rare cases in which a lawsuit is still filed, the company will be provided with sufficient evidence to be able to contest, with ample freedom of action, each allegation made by the Worker.
No comments yet