The lawyer in labor law: role and skills
Work is undoubtedly an income-generating activity. Besides, don't we say that work ennobles those who exercise it, because it keeps them away from social vices such as theft, begging….
While some do not dispute this usefulness of work, it should nevertheless be emphasized that the workplace is an environment of incessant stress, temptation and often numerous abuses.
Indeed, a good collaboration initially desired by the parties (employers and employees) is not always there. The relations between stakeholders become over time, more and more complicated. This can poison the atmosphere and break the trust between the partners.
To do this, the use of a lawyer specialized in Labor law may be useful if you want to preserve your rights in the event of a non-conventional or unilateral breach of contract. employment contract.
Moreover, it is not only in the event of litigation with his employer that it is necessary to call on this professional. Indeed, it is open for any future employee to offer himself if he can the advice of the latter to better prepare his professional integration.
This is the case with the development of the employment contract where the role of the lawyer is essential. Indeed, the latter, with his experience, will put at your disposal all his expertise to allow you to conclude a contract adapted to your interests and to govern your working relationship with the future employer. It is true that most often, the negotiability of the employment contract is hypothetical since it is often pre-established by the employer and does not leave much latitude to discuss it. This is all the more reason to be assisted by a lawyer during negotiations or to see him before signing the contract. This will study the contract that is proposed to you and will inform you about the various clauses it contains and what follows as consequences. Then, he will inform you about the possibilities offered by the law to protect your rights. Thus, using a lawyer before concluding your employment contract could prevent you from entering into a relationship that could be detrimental to you in the future.
Without a doubt, we all want a tailor-made employment contract that is well suited to our interests.
So, it costs nothing to have your contract checked by a professional!
In addition to his undoubtedly essential role before the formalization of the employment contract, the lawyer specializing in labor law also intervenes in the event of termination of the employment contract. Indeed, it is the field of labor law in which this professional is most in demand since the breaks in this area have economic consequences for both the employee and the employer. In the event of dismissal without just cause or of contractual termination, for example, one might wonder whether the employee can claim severance pay or not or the benefit of a right to unemployment benefit.
This is where the role of the lawyer specializing in labor law comes into its own. Indeed, the latter will assess the employee's situation in the light of the regulations in force and case law with a view to ascertaining whether the measure taken against the employee is legal or not. And if so, he will advise him on the means to be implemented to contest the dismissal or claim his right to compensation or unemployment benefit.
Also, in the event of a lawsuit, the lawyer could represent the employee before the courts, regardless of any type of dismissal. The lawyer will thus make his own, the defense of his client's interests. (employer or employee) that he will assist and represent in all stages of the trial (breach of contract). It is not also excluded that he could offer his client if he considers this solution more favorable to the latter, conciliation with the opposing party before any referral to the Labor Council. Therefore, he will negotiate on behalf of his client, the conciliation agreement.
Whether it is a dismissal of any kind or a contractual termination of the employment contract, your lawyer will always be your best ally. Note that nowadays, it is a significant support in the fight against discrimination or harassment in the workplace.
Indeed, professional in the matter, the latter will carry the burden of proof for you. As you are well versed in the procedure, your lawyer will be able to advise you on the means to be provided to make your voice heard. His expertise is therefore essential to anyone who wishes to put an end to the various incessant displaced practices that they endure at work by having their perpetrators condemned.
Calling on a lawyer specializing in labor law is not only the guarantee of having a tailor-made employment contract, but above all, anticipating any difficulties that may arise in the execution of the latter.