Labor disputes are disagreements, where the opposite parties are the employer and the employee, which have not been settled amicably. The subject of these disagreements most often are violations in the application of the current labor legislation and legal acts that regulate labor law.
This also includes regulatory legal acts related to the conclusion of employment contracts, including those that provide for the formation and change of individual conditions for the implementation of labor activity.
Similarly, labor disputes include disputes arising between the parties, where the first is the employer, and the second is a person who has an employment relationship with the first party in the past or plans to conclude an employment contract with him, but was refused by the employer.
Labor disputes include all situations in which a violation of the rights of an employee was noted:
- illegal dismissal
- reinstatement at work
- late payment of wages
- collection of salary arrears
- travel expenses
- vacation disputes and so on.
The professional assistance of a lawyer dealing with labor disputes provides for several ways to represent the interests of the principal:
- A lawyer can represent the interests of an employer or an employee through direct communication with the relevant state bodies in an arbitration court, a judicial institution of general jurisdiction, and so on.
- A lawyer may provide preliminary advice on any issues that affect the implementation of the audit, the detection of existing violations, the elimination of these violations and the appeal against the requirements of the bodies exercising supervision and control.
The professional assistance of a lawyer may be required if necessary:
- drawing up and registration of the collective agreement;
- drawing up a reasoned opinion on the part of the representative body of employees;
- organizing and conducting negotiations, including consulting.
Most often, the main guarantee of successful settlement of a labor conflict situation is precisely a competent lawyer. Labor disputes are characterized by a high frequency of cases of amicable pre-trial settlement precisely due to the professional activities of a lawyer. In addition, within the framework of pre-trial settlement, the assistance of a lawyer provides for the conduct of the case under the conditions of its consideration by the commission for work with labor disputes.