Employer support by labor law firm

Legal assistance to employers in the area of labor law covers a very wide range of issues.
These do not always have to be litigation.
The field of labor law also includes the terms and conditions of employment of members of bodies in commercial companies, procedures for collective dismissals or additional obligations for particularly large workplaces.
When is it worthwhile to reach out for support from labor law lawyers, and what can they help you with?

Where have the labor laws been regulated?

The broad spectrum of issues related to labor law means that they are regulated in a number of legal acts.
Of course, the basic and most important act in this area is the Law of June 26, 1974.
Labor Code, together with the implementing acts issued to it.
Important sources of labor law for employees and employers are also:

• Law of March 13, 2003.
  On special rules for termination of labor relations with employees for reasons not related to employees;
• Law of July 9, 2003.
  On the employment of temporary workers.

In addition to complying with and among other indicated acts, the employer should also comply with collective bargaining agreements, collective agreements, regulations and statutes.
It should be borne in mind that the situation of certain groups of employees has been regulated by special laws, the so-called “service pragmatics.
service pragmatics.
This includes, among others.
legal advisors, teachers, uniformed personnel, civil servants or university employees.
Laws dedicated to particular professions may grant special privileges, which the employer is obliged to respect.

What issues does the labor law regulate?

Labor law is encountered by every company that employs at least one employee.
Legal services related to labor law ensure that the employer will perform his duties in accordance with the applicable regulations, and thus minimize the risk of a penalty by the State Labor Inspectorate or litigation with the employee.
In simple terms, it can be said that labor law covers the regulation of the employment relationship, and defines the rights and obligations of both parties.
However, such a definition does not indicate the many difficulties that an employer may face.
What can a law firm support in the field of labor law consist of?

Litigation

An important part of labor law issues are disputes heard in the labor court. These may involve, among other things:

• termination of the employment contract without notice;
• rectification of the labor certificate;
• compensation for damage caused to the property of the workplace by the employee;
• to determine the existence of an employment relationship;
• competitive activities carried out by the employee;
• labor law industrial disputes;
• collective redundancy procedures;
• bullying and discrimination;
• work accident;
• occupational disease.

At this stage, the assistance of a law firm can be implemented in two ways.
The legal counsel or attorney are involved in an amicable attempt to end the dispute.
If they are unsuccessful, it becomes necessary to provide professional representation before a court of law.
This is all the more important because many labor law issues are clarified by dynamically changing case law.
A good lawyer should keep abreast of them so as to provide the employer with maximum security.
Employers often forget that an employee has the right to appeal the employer’s decisions regarding, for example, the imposition of a disciplinary penalty or changes in working conditions.
Therefore, it is important not only what kind of decisions the employer makes, but also how he communicates and justifies them to the employed.

Determination of conditions of employment

Labor laws define the minimum provisions that should be included in an employment contract.
According to the Labor Code, these are:

• type and place of work performed;
• labor remuneration with an indication of its components;
• working hours;
• start date;
• duration or termination date in the case of a fixed-term or probationary contract.

In practice, the content of an employment contract will not always be so simple.
Especially when it comes to managerial positions, there is often a need to precisely define the rights and obligations or, the rules of participation in programs such as ESOP (Employee Stock Option Plan).
A lawyer specializing in labor law will make sure that the terms of employment of employees are transparent, in accordance with the law, and also take into account the specifics of the business.

Specifics of labor law for “large” employers.
What should be kept in mind?

Labor law includes special regulations aimed at entities with a sufficiently high number of employees.
Particularly noteworthy are labor law norms for employers with a minimum of 50 employees.
They are required to introduce, first of all:

• work regulations;
• remuneration regulations;
• company social benefits fund;
• labor councils.

It is also important to remember the need to create a procedure to protect whistleblowers, i.e., people who report violations of the law in specific areas.

Labor law cases vs. IP

In a company with employees, sometimes issues related only indirectly to labor law arise, although they may be of momentous importance to the employer.
An example of such an issue is industrial and intellectual property law issues.
Proper IP portfolio management also belongs to labor issues, especially in companies engaged in providing IT or marketing services.

Comprehensive legal advice in the field of labor law.
Take advantage of our services!

If you need support in the field of labor law, we can help you.
Our law firm provides comprehensive services both in terms of the employee’s employment relationship, the fulfillment of obligations incumbent on the employer, and proceedings in the labor court.
We negotiate with employee representatives, develop the necessary employment procedures and ensure that all employee rights are duly respected.