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How Can Employment Attorneys Help

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An employment attorney - known also as a labor lawyer or employment lawyer - is the professional specialized in labor law , which is a branch of law that regulates relations between workers and employers, in addition to understanding what is related to trade union associations.

Employment attorneys are involved in almost all aspects of employment law. That is very broad. They deal with both individual labor law, collective labor law and employee participation law. From appointment to dismissal and everything in between, but also what is in front of it and can still come after that.

The following are examples of what employment lawyers are doing.

- An employer wants to appoint an employee. What form of employment contract will he offer the employee? Does it have to be a flexible employment contract, one for a definite period of time, or one employment contract for an indefinite period? employment lawyers help employers make the right choices. They then also prepare the employment contract or, on the contrary, review the employment contract for an employee.

- Entering into an employment contract is not always desirable for the parties. Sometimes an assignment agreement offers a better outcome. The dividing line between an employment contract and a contract of engagement is not always sharp. Employment lawyers inform and advise clients and contractors in this regard. This is to prevent a legal relationship from being assessed differently from a party or parties who envisaged it, with all its employment and tax consequences.

- Once an employment contract has been agreed, one of the parties can still be disappointing. What options are there then? Can the employment contract be simply terminated or must various requirements be met before the employment contract can be terminated? employment lawyers can assess this for you.


- An employee is not functioning, or the employer states that an employee is not functioning. Which steps need to be taken then? What are the obligations of the employer and employee in such a case? What should the employer do and what should an employee cooperate with? Employment lawyers guide employers or employees in such improvement processes.

- A statutory director can no longer be arrested and is dismissed. What rules apply to such a dismissal? Employment lawyers assist both employers and statutory directors in these types of issues.

- The employee suffers damage during the performance of the work. Who is liable for this damage? And if the employee has an accident on his way home, is the employer liable for this? And can the employer be able to recover the damage he suffers as a result of the employee's loss from another party? Employment lawyers advise on the consequences and possibilities.

- An employee has an outburst of anger and attacks his supervisor. An employee takes something to snack from the store and forgets to pay for it. An employee is particularly negative about the employer on social media. An employee is structurally late. An employee appears drunk at work. Are these reasons for firing an employee immediately? What requirements must an immediate dismissal meet? Employment lawyers help employers to make the right assessment and take the right steps in these matters. If an employee is dismissed with immediate effect, Employment lawyers will attempt to cancel the dismissal.

- An employer no longer pays the wage to an employee. Or an employee claims to be entitled to a higher wage than is paid. Employment lawyers assist both employers and employees in wage claim procedures.

- An employee becomes sick. What rights and obligations are there? What can an employer ask for? What does an employee have to communicate? The occupational health and safety service declares an employee fit for work, but the employee no longer agrees. What should happen then? And what should happen if suitable work is offered to a sick employee, but the employee refuses to perform this work? Or what if the occupational physician advises a consultation between employer and employee, and this is refused? How does an employer keep a grip on the reintegration process? Employment lawyers answer these questions. They advise both employers and employees on problems that may arise during a reintegration process.

- A company is in financial difficulties and wants to close or divest a part of the company. How should this reorganization be implemented? Should the trade unions be involved in this? Which employees have to say goodbye? And what if an employer wants to retain a specific person for the company when it should actually be fired? How can employment contracts be terminated? Employment lawyers assist employers with reorganisations. They also assist employees who are involved in a reorganization.

- An employer wants to adjust the employment conditions. Is that possible? If so, what steps should be taken? Employment lawyers advise employers on this. If an employee is confronted with a change in employment conditions (retrenchment), employment lawyers will act to try to prevent the change.

- A strike is threatened. What can an employer do about this? Can an employer prohibit the strike or engage temporary workers to take over the work temporarily? We assist employers when they are confronted with an imminent strike. The entrepreneur wants to implement changes and requires advice / approval from the works council. However, this refuses to give (positive) advice / consent. What can an entrepreneur do then? Employment lawyers assist both works councils and entrepreneurs in such employee participation issues.

- Contrary to the agreements, a former employee joins the competitor. Is this allowed? Can the employer ensure that the employee complies with the agreements made? Can the employer recover the damage he suffers from the employee? Can the employer collect the fine that was found to have been violated? Employment lawyers investigate the (im) possibilities for you and stand up for your interests. When employment lawyers assist employees in such matters, They look for reasons why the employee is permitted to be employed by the competitor.

- A company is taken over by another company. What happens to the employees? Is there a transfer of the company or not? Employment lawyers can assess this for you.

- An employee doesn't receive a transition allowance. Employment lawyers can assess whether the employee is entitled to this and the employer is obliged to pay it.

- An employer and an employee want to conclude a settlement agreement. What should it all contain? And how do you, as an employer, ensure that the employee agrees? Tactical negotiation for both employer and employee is a daily routine for employment law specialists.


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