Employment law
A dismissal decision that the employee considers unfair, pressure to sign a resignation or non-payment of salary may affect income and professional stability. In such situations, employment law advice makes it possible to verify the employer's measures and to clarify the options available before any documents are signed or the time limits for a challenge expire.
Employment law services include the analysis of individual employment contracts and addenda, advice on the amendment, suspension and termination of employment relationships, assistance in disciplinary investigations and representation in disputes with the employer. Support may be provided both during employment and after the termination of the contract, to assert the rights arising from the work performed.
In the case of a dismissal considered unfair or unlawful, the reasons invoked, whether the situation presented by the employer is real and compliance with the applicable procedure are examined. The analysis may concern the abolition of the position, the allegation of disciplinary misconduct or reliance on professional unsuitability. A lawyer's assistance in employment disputes includes assessing the grounds for a challenge and preparing claims for the annulment of the decision, reinstatement or payment of damages, under the conditions provided for by law.
Legal support is also relevant when an employee is asked to sign a resignation or a termination of the contract by agreement, under the pressure of losing their job or of disciplinary consequences. The differences between these methods of termination, the effects of the proposed documents and the person's options are explained, so that the decision is taken in full knowledge of the facts.
For unpaid salaries, uncompensated overtime, allowances or other monetary entitlements, the analysis seeks to establish the sums that may be claimed and the documents needed to substantiate them. The steps may include sending a notice to the employer, negotiating a solution and bringing an action in court.
Advice may also concern changes to salary, working hours, place of work or duties, non-competition and confidentiality clauses, performance appraisal and the application of disciplinary sanctions. In situations of harassment, discrimination or pressure in the workplace, the facts, the evidence and the available reporting mechanisms are examined, in order to identify the appropriate measures.
Before any step is initiated, the contract, the employer's decisions, the correspondence and the other relevant documents are checked. An analysis carried out in good time makes it possible to clarify the situation, check the time limits for a challenge and establish a strategy in line with the employee's objective, whether that is to continue working, to recover certain sums or to resolve a conflict.
Frequently asked questions
What can I do if I have been unfairly dismissed?
The first step is to analyse the decision and the relevant documents, in order to check the reasons for the dismissal and the procedure followed. If there are grounds, a challenge may be filed and the measures provided for by law may be sought, including reinstatement or damages. The date on which the decision was communicated must be checked without delay, since the challenge is subject to a legal time limit.
What can I do if my employer does not pay my salary?
A notice and, if necessary, an action for the recovery of salary entitlements may be prepared. The analysis concerns the period worked, the sums owed, the supporting documents and the time limit within which they may be claimed.
Am I obliged to sign a resignation or a termination of the contract by agreement?
No. Resignation expresses the will of the employee, while termination by agreement requires the consent of both parties. Before signing, it is important to understand the effects on the employment relationship and the conditions proposed.
Can I be assisted by a lawyer during a disciplinary investigation?
Yes, under the conditions provided for by law. The assistance may include analysing the summons and the acts alleged, preparing the defence and the evidence, as well as support throughout the investigation. Any sanction is examined separately, to assess whether it may be challenged.
Can I claim payment for overtime?
The work actually performed, the way in which it was compensated and the available evidence must be checked. Working time records, the work schedule, correspondence and other evidence supporting the claim may be relevant.
What documents are needed for an employment law consultation?
Useful documents include the individual employment contract, the addenda, the job description, the decisions received and proof that they were communicated. Depending on the issue, the disciplinary summons, salary documents, performance appraisals and correspondence with the employer may also be relevant.
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