Employers, Employees And Their Rights
An employment lawyer can represent an employee, staff, or organization. If acting on behalf of an employee/s, the legal representative will be in charge of obtaining and collating information, preparing documents, offering advice, and handling all dispute resolution via negotiations and arbitration. If representing an employer, this person will have to prove the validity of an employment contract, review the document if appropriate and ensure that it meets all the requirements laid down by the state. The latter include the minimum period of employment, the conditions of employment, rules, and regulations that apply, and any other relevant issues that are of concern to the employer. These are just some of the major employment laws and the duties and responsibilities that an employment lawyer has.
The main duty of an employment lawyer
is to review the terms and conditions of an employment agreement. This includes the term and conditions of payment, vacation and leaves pay as well as any other agreement that relates to the working conditions of an employee or a group of employees. These laws may also cover the dismissal of an employee, the reduction in terms of remuneration, and penalties for not following work-related guidelines. The rights of employees to join or not join a particular trade union also fall under these laws. In addition, these laws may also govern discrimination at the workplace such as refusing to hire a black employee or a woman or a senior person because of their race, color, or gender.
It is also the responsibility of an employment lawyer
to protect an employee from unlawful treatment. For example, an employee who is subjected to racial discrimination can take action under the Federal Race Discrimination Act. The Act prohibits employment discrimination based on nationality, color, ethnicity, national origin, age, gender, sexual orientation, and any other ground that would allow discrimination. An employee should therefore make sure that any employment contract contains a clause concerning race discrimination. It is advisable to discuss any issues about racial discrimination with a professional solicitor who specializes in Employment Law.
Another area that is covered by the employment lawyer
is the overtime pay regulations. If an employee is paid for more hours per week than the regulations allow, they are entitled to receive overtime pay. Overtime rates differ between industries, but a general rule is that the rate is two times higher if the employee works more than eight hours per week. If overtime is not paid in excess, it is possible to ask the employer to repay the excess to pay through deductions from the gross salary.
is yet another area that is frequently covered by employment lawyers. Whether it concerns dismissal or terms and conditions of employment, collective bargaining is an area that can be quite contentious. If a case can be successfully argued within the course of a collective bargaining dispute, it can lead to significant improvements in the terms of employment. Certain rules must be followed when participating in collective bargaining, so if an employee feels they have been discriminated against, they will need the services of an Employment Lawyer.
These are just some of the areas
that an Employment Lawyer can help with. If an employee feels that they have been unfairly selected for a position or have been unfairly dismissed from their job for any reason, an Employment Lawyer can represent them in court. In the case of employers who are being accused of any sort of discrimination, there are many different laws that they can use to protect themselves. By hiring an employment attorney who specializes in these specific laws, employers can protect their reputation and their bottom line.