A contract is a result of consensus
between two or more parties. There is always a probability of breach
of a contract on behalf of one or more parties. It results in loss
suffered by the other party/parties. So there are laws, which secure
people and property against such breach. There are many laws
in-action governing some or the other matter. Employment, labor,
factories, etc., are governed by different laws. Under the employment
law there are at least two parties- employer and the employee. It
addresses and deals in the legal rights and remedies for them. Both
the parties must be aware of the legal rights which they are granted
by the Indian Government. The relationship of the employer and the
employee is very well explained in the law of employment, covering
all the aspects relating to rights, duties and remedies; except the
negotiation process which is covered by the Labor laws.
Employer and the employee, both are
expected to perform all the duties at their end. In case of breach,
they must know the rightful remedies available. This article provides
you information about the employment law issues and whom to
approach in case of breach. Some issues that may arise during
employment are- collective bargaining, employment discrimination,
unemployment compensation, pension, employment retirement income
security act, workers compensation and workers safety.
In case of any breach, the employer and
employee must contact good employment law attorney for
representing the case. It is suggested to choose lawyers who are
specifically practicing employment law. They can
professionally decipher your case in regard to the law of employment.
The law firms have different groups of lawyers, each representing
different law. Each group is professional in his area of work.
Employment law is a very wide area which covers all the issues
arising from employment of any nature.
Points to be considered before choosing
a lawyer-
- Employment law attorney must possess profound knowledge and experience of the law.
- A good lawyer always studies the case and performs a wide research. Research helps the lawyer to find probable results of the case.
- All the necessary information must be at his disposal.
- A good law firm must be ready to bear the contingency costs, as most of the people prefer paying lawyers for the expenses and fee after the compensation has been received.
The employment law issues
mentioned above are not exhaustive. They run into pages. One of the
most common issues relating to employment is discrimination.
Discrimination of any kind in the course of employment is against
law. The law seeks to prevent discrimination based on- age, race,
sex, national origin, religion and physical disability. Certain
discriminatory practices based on above points includes- hiring,
promotion, retaliation, compensation, harassment, job assignment and
termination.
One of the most important points to be
noted is that laws relating to any kind of employment, be it
factories act, labor law or employment law, are mostly pro
employees. In most of the cases employee is found to be at a greater
loss. So in India, laws are formed keeping in view the causes and
effects of different cases.
