Labor Dispute Resolution
Labor dispute resolution is an integral part of modern labor law and corporate practice. In the world of business and employees facing various challenges and conflicts in the workplace, effective resolution of labor disputes becomes a key factor in maintaining harmonious relationships and ensuring fairness.
When Do You Need a Labor Dispute Attorney?
In labor disputes, there are cases when seeking an attorney is particularly important. Here are some of them:
- Termination on unlawful grounds;
- Non-payment of wages or compensations;
- Discrimination and workplace bullying;
- Violation of employment contract terms by the employer;
- Workplace injuries and issues with receiving insurance benefits;
- Resolution of labor disputes in court or arbitration;
A labor dispute attorney will significantly simplify the conflict resolution process and ensure the protection of your rights and interests.
Issues Related to Labor Disputes
Considering that labor relations can be quite complex, let’s take a closer look at each of the issues related to labor disputes:
Financial Payment-related Issues
Issues related to financial payments represent one of the most common categories of labor disputes and cover various aspects of financial relationships between an employee and an employer. The main subcategories of these disputes include:
- Salary. This category includes all disputes related to employee compensation. It encompasses claims regarding the size of wages, correctness of calculations, payment of additional bonuses or allowances, including payments for working in shifts, night shifts, holidays, and Sundays.
- Vacation. This addresses situations where an employee has the right to take a vacation, and this right is violated. It includes the payment of monetary compensation for unused vacation days when an employee was unable to take the vacation.
- Severance pay. Disputes about the payment of severance pay upon termination of employment, including upon dismissal or upon the expiration of an employment contract.
- Other financial payments. This category encompasses claims regarding various types of financial payments that may be stipulated in an employment contract or agreement between the parties. This may include payments for the completion of specific tasks, performance bonuses, travel expense reimbursements, or other types of financial compensations.
Disputes Related to Unlawful Termination and Reinstatement
Disputes related to unlawful termination and reinstatement involve situations where an employee believes that their termination was unlawful or unfair. This may include aspects such as:
- Violation of labor laws during termination;
- Demands for reinstatement;
- Compensation for damages and legal proceedings.
In such situations, the assistance of an attorney or labor dispute lawyer may be required to protect the employee’s rights and resolve the dispute.
Disputes Regarding the Conclusion, Execution, or Termination of an Employment Contract or Agreement
This section pertains to conflicts that may arise during the conclusion, execution, or termination of an employment contract or agreement between an employee and an employer. These disputes can include issues related to employment conditions, wages, contract duration, and the termination of employment relations. Drafting individual employment agreements, addressing questions related to their execution and termination may require legal assistance to ensure compliance with the law and protect the rights of both parties.
Disputes Arising from Holding an Employee Accountable for Damage to the Enterprise or Organization
This issue covers conflicts that arise when an employee is held accountable for causing damage to an enterprise or organization. This may involve cases where an employee’s actions have led to financial losses or other harm to the employer.
Disputes of this nature can include questions about compensating for damages, legal proceedings, and issues related to the employee’s liability for their actions. In such cases, legal assistance is crucial to protect the interests of both parties.
Disputes Related to Violation of Labor Discipline
Sometimes, conflicts or disputes arise in the workplace due to violations of labor discipline by employees. This may involve:
- Failure to perform work duties;
- Violation of internal regulations;
- Unlawful refusal to perform work and other actions contrary to company or organization norms and rules.
In such cases, there may be a need to address the dispute, impose disciplinary measures, terminate the employee, or take other actions. An attorney or Dextralaw company lawyer can provide professional consultations on the rights and obligations of both parties and help resolve the conflict in accordance with current legislation.