The figure of the labor lawyer is one who is specialized in Labor Law. From the industrial revolution of the nineteenth century, the recent revolts of the working class claiming their rights against employers was the origin of the rules that have been shaping the right to work, the result of the increased intervention of States to legislate in matter of protection of workers.
The legal system establishes the rights and duties of workers and employers. And to ensure compliance there is social jurisdiction. It is in this area where the labor lawyer intervenes whose mission is to advise and defend the interests of his client, which may be the company or the worker.
In the workplace there have always been and continue to be multiple conflicts, both at a collective and individual level, for which the figure of the labor lawyer is necessary. Sometimes, the conflicts are resolved in a reconciled way and others it is necessary that a court pronounce.
The labor lawyer of companies
Every company, as an employer, must respect the rights of its workers in accordance with laws, collective agreements and employment contracts. Likewise, in the event of non-compliance with their obligations by workers, they may impose disciplinary measures in accordance with the regulations. Within this framework, it is essential that companies have good legal advice to ensure that their actions are in accordance with the law and do not imply a violation of workers’ rights. The preventive labor counseling can save a lot of problems and expenses to a company, since in many occasions fruit of the lack of legal advice, many companies are faced with very adverse judicial sentences.
The labor lawyer for workers
Every worker who is in a situation of conflict in their workplace (sanction, dismissal, non-payment of salary,) is essential to know what their rights are and how they can claim compliance. In this sense, a worker who is notified of his disciplinary dismissal for specific facts, may or may not agree with them, but will be a labor lawyer who will know how to guide him. On aspects such as whether the letter is sufficiently clear and explicit about the cause of his dismissal, or if the facts are sufficiently serious to justify that action by the company, if it can constitute unfair or null dismissal and the consequences derived from one or another assumption, as well as, what term you have to contest is dismissal. It is terrible to find, as sometimes happens, workers who have been fired and who have taken too long to consult a lawyer and have already missed the legal deadline.
According to a study conducted in 2015, it was recorded that more than 7 million workers from different companies had had the opportunity to resolve litigation and win others through the advice and accompaniment of a labor lawyer.
By way of conclusion, we can say that a good labor lawyer, besides knowing the labor law, must be at the same time a good negotiator and a good litigator. Likewise, it must be kept constantly informed of the normative changes, as well as of the pronouncements of the courts that are establishing the doctrine and jurisprudence through which the regulations are interpreted. And, of course, you must have good communication with your clients, so that they do not feel uninformed about the status of your issue.