Labour lawyers are lawyers who specialise in labour law. Since 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 labour law, the result of the growing intervention of States to legislate on the protection of workers.
The legal system establishes the rights and duties of workers and employers. In order to guarantee compliance, there is social justice. It is in this area where the labour lawyer intervenes whose mission is to advise and defend the interests of his client, which may be the company or the worker.
In the labour field there have always been and continue to be multiple conflicts, both on a collective and individual level, for which the figure of the labour lawyer is necessary. Sometimes, cponflicots are resolved in a conciliatory way and other times it is necessary that a court is pronounced.
The company labour lawyer
Every company, as an employer, must respect the rights of its workers in accordance with laws, collective bargaining agreements and employment contracts. In addition, in the event of non-compliance with its obligations on the part of the workers, it may impose disciplinary measures in accordance with the regulations. Within this framework, it is essential that companies have good legal advice so that their actions are in accordance with the law and do not violate workers’ rights. Preventive labour advice can save a company a lot of problems and costs, since many times as a result of the lack of legal advice, many companies find themselves with very adverse court rulings. This is so because labour law was conceived as a form of protection of the worker against the company.
The labour lawyer for workers
Any worker who finds himself in a situation of conflict in his field of work (sanction, dismissal, non-payment of wages, etc.) must know what his rights are and how to claim compliance. In this sense, a worker who is informed of his disciplinary dismissal for specific facts may or may not agree with them, but it will be a labour 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 whether the facts are serious enough to justify this measure on the part of the company, whether it may constitute unfair dismissal or null and the consequences derived from one or the other, as well as what period of time he has to challenge the dismissal. It is terrible to find, as sometimes happens, workers who have been dismissed and who have taken too long to consult a lawyer and have already missed the legal deadline.
According to a study carried out around 2011 it was registered that more than 7 million workers from different companies had had the opportunity to resolve disputes and win others through the advice and accompaniment of a labor lawyer.
By way of conclusion, we can say that a good labor lawyer, in addition to knowing labor law, must be both a good negotiator and a good litigator. Likewise, he must be constantly informed of regulatory 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, he must have good communication with his clients, so that they do not feel uninformed about the state of their case.