Employment Law- A Brief Introduction

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.

Get Right Assistance For Your Employment Law Issues

The law of employment extends the myriad interpretations and practices, rulings, statutes, legislation as well as state and federal laws. Regardless of the size of companies, the labor laws should be updated on a regular basis and they should be fully compliant as well. It is not at all an easy task. Most of the organizations today have their in-house legal department or in-house team of experienced lawyers and their assistants who can handle all their employment law issues.

There are numerous employment issues that need to be resolved with sound legal advice and legal representation. From recruitment and hiring, all the way to the termination of employment, many issues arise in even the most efficient workstations. During the processes of recruitment and hiring, a company would definitely seek for some expert advice regarding labor and employment law so that it can draft a legally viable employment contract, draft company policies and procedures, and address the employment conditions with occupational health and safety.

Whether you have an in-house legal team or outsourced experts of employment law, they can be of great help for drafting and constructing an Enterprise Agreement. You can consult them for the calculation of wages and Enterprise Agreement terms and conditions for a better working environment liaised up with lawful contracts.

Hiring employment law attorneys has turned out to be a smart move for numerous companies. As legal advisors help companies to save a lot over cost, energy and time. Apart from these, they also benefited with regular updates about the company and labor laws.  The only requirement is that the team should be efficient having good track record and impressive credentials such as training, education and experience. Your legal team should always be able to offer as much assistance and clarification - with  little legal jargon as possible. This is due to the reason that you should be fully aware of the legal issues to which the company is currently addressing.

Its Time To Know About Employment Law

In this world of cut throat competition nothing is free, especially justice and if you want it from your employers then it is going to cost you a lot. In today’s time when there is no mutual respect left between the employer and employees, maximum layoffs are taking place. One can never say that at what point of time his or her company will throw them out and the reason behind this, is a never ending race for success, power and money. Therefore, you need to fight for what you really deserve with the help of employment law. The employment law is made for controlling the injustice of employers to their employees.

Today many companies throw their employees out just because of some stupid reasons like- maternity leave. If a woman employee gets pregnant and won’t be able to come for work then they give her termination letter without even an explanation or if you are young then your promotion got stopped because you are too young to handle a big responsibility in the company. These are some incidents which may sound stupid but happen all the time and mostly in big corporate firms. Therefore it would be preferable that you consult a reputed law firm for handling employment law issues. Some of the key elements that you should look for before hiring a law firm are:-

Well Informed- The employment law is one area where changes keep taking place therefore its important that a lawyer is well informed about every minute detail and technical changes that keep taking place in this area.

Well Practiced- Employment law simply means statutory laws, rules and regulation regarding the employee and employer relationship. Some of the basic disputes which arise between the employee and employer are-

Contract Disputes

Payment Disputes

Discrimination Disputes

Wrongful Termination

Civil Rights Violation

The law firm should have lots of expertise in handling these type of employment related issues.

Should know its duties- Employment law is not only for employees but for employers as well because many a time its not employers fault. Therefore, watch out for interest of both the parties and try to find a midway path on which both parties will agree.

Employees- Make them aware about various type of employment discrimination like-

Age discrimination

Gender discrimination

Cast discrimination

Workplace Harassment

Also, make them aware about their rights and providing assistance if they are facing a wrongful termination issue.

Employers- providing them right assistance related to employees issue and help them understand their rights. Also, advising the executives of company about the law of contract and wrongful termination of employees.

Positive Representation- Last, but most importantly a law firm should be able to represent its client in a positive way because only a right kind of presentation is the only way to get what you really deserve. Therefore, look out for a law firm which is very successful and have years of experience in this field.