Employment relationships only seem straightforward at the outset. Once the contract has been signed, practical issues arise. These relate to pay, working hours and discipline. When a dispute arises, it is important to act systematically. This is precisely how employment law works – through regulations, time limits and evidence.
The employment contract as the basis of the relationship
Any employment relationship begins with a contract. It defines the parties’ obligations and the terms of employment. In practice, problems arise due to:
- vague wording;
- lack of supplementary agreements;
- verbal agreements;
- changes to terms without formalisation.
Drawing up an employment contract requires careful attention. A mistake at this stage affects all subsequent actions of the parties.
Payment of wages and other financial matters
Violations regarding remuneration are the most common cause of disputes. Delays or incomplete payments provide grounds for claims. In such cases, the following are analysed:
- the employment contract;
- payment orders;
- timesheets;
- the company’s internal regulations.
Payment of wages must be documented. If this is not the case, a dispute arises.
Leave and its processing
An employee is entitled to rest. However, in practice, situations arise where leave is not granted or is postponed without justification. A distinction is made between:
- annual leave;
- additional leave;
- unpaid leave;
- social leave.
Breaches in this area often form part of employment disputes.
Unlawful dismissal of an employee
Dismissal must be justified and carried out in accordance with the procedure. Failure to comply with time limits or the absence of grounds creates a legal risk for the employer. Typical situations:
- dismissal without explanation;
- pressure on the employee;
- signing a resignation letter under duress;
- lack of a formal order.
In such cases, an employment lawyer assesses the legality of the employer’s actions.
Disciplinary and financial penalties
An employer may impose penalties only in cases specified by law. It is important to follow the procedure. The following are checked:
- the existence of an internal investigation;
- the employee’s explanation;
- the time limits for application;
- the proportionality of the penalty to the breach.
Incorrect documentation provides grounds for appeal.
Resolving labour disputes in practice
Conflicts between employees and employers arise regularly. They are often related to documents or the lack thereof. The resolution of labour disputes includes:
- analysis of evidence;
- negotiations;
- preparation of claims;
- legal representation;
- monitoring the enforcement of decisions.
At this stage, labour law advice is essential to determine the correct strategy.
Employment lawyer in complex situations
When a dispute escalates, an employment lawyer is brought in. Their task is to assess the parties’ positions and minimise risks. They help to:
- review documents;
- prepare a legal position;
- conduct negotiations;
- represent the client in court;
- document violations.
Legal assistance from Svarog
Labour disputes should not be put off. The sooner you begin your defence, the better your chances of a successful outcome. Svarog’s lawyers help:
- analyse employment contracts;
- resolve issues regarding pay and leave;
- handle dismissals;
- challenge deductions;
- representing clients in disputes.
Questions and Answers
When do you need a labour law solicitor?
When there is a dispute with your employer, a delay in salary payment or unlawful dismissal.
What should you do in the event of unfair dismissal?
Gather documents, check the grounds for dismissal and seek a legal assessment.
How do you recover unpaid wages?
You need to document the debt and submit a claim or take legal action.
How do I challenge a disciplinary sanction?
Check the procedure for imposing it and prove the employer’s breach.
What documents are required for a labour dispute?
Employment contract, orders, timesheets, correspondence and other evidence of employment.
How much does a labour law solicitor cost?
The cost depends on the complexity of the dispute and the amount of work required.