Running a business is not only about managing finances or running marketing campaigns. Enterprises have to ensure that they are complying with a number of applicable laws. Most of these regulations depend on the nature of the business the organization is involved in. However, employment law is one category that is universally applied to all kinds of commercial organizations. There can be stiff penalties for non-adherence to these regulations. Even then most entrepreneurs do not think about hiring a labour law consultant until they land up in trouble. A business organization must routinely consult legal advisors to ensure they are on the right side of the law and avoid trouble. Here we are listing some major situations that will necessitate the hiring of an employment lawyer by a business.
1. Issues Related To Employee Classification
One of the most common reasons for which employers look for legal help is employee classification. The manner in which you classify different members of your workforce affects your liabilities. For instance, full-time workers usually receive health and insurance benefits apart from their specified salary. However, these benefits are not paid to temporary staff. Some employers try to bend the rules by classifying the entire workforce as temporary. This approach is incorrect and if discovered by government agencies attracts hefty penalties. Businesses must employment law experts to understand the issue and classify their staff members in the correct way.
2. Drafting Employment Contracts And Agreements
The appointment of a person is formalized by the signing of appropriate contracts or agreements by both parties. These documents contain the terms of employment for a specific position and also list the responsibilities of the person being offered the post. All the benefits apart from the salary amount that the worker will receive from the employer are also mentioned. Organizations need to be careful while drafting these documents as they can be used in a court of law in the event of a dispute. They must make sure that the contracts are in accordance with the relevant local laws.
3. Terminating The Employment Of A Worker
Employers must hire a labour law consultant when they are thinking of terminating the services of a worker. Firing an employee because of poor performance or misconduct may seem right to an employer but if not handled properly may be treated as illegal by a court of law. The dismissed individual may file claims of discrimination or unpaid dues. Getting advice from a lawyer will help in avoiding situations where the fired staff member may take legal action. The professional will help in identifying the best course of action for dismissing the person without attracting any legal trouble.
4. Drafting Employee Policies And Handbooks
The best way to avoid employee related trouble is to create a healthy working environment and providing the staff with detailed information about their responsibilities and benefits. All organizations must create employee policies that are in line with the regulations in their jurisdictions. These guidelines must be documented in a handbook and provided to each member of the workforce. The best person to prepare this manual is a labor law consultant. Businesses must hire employment attorneys to prepare handbooks that educate employees on their duties and the organization’s work ethics.
5. Handling Complaints Lodged By Employees
Even the most upright employer may have to face employee-related issues at one time or another. In many cases, a fired worker or a dissatisfied employee can lodge a complaint about a supposed wrong done to him/ her. Entrepreneurs involved in such a situation will have to depend upon a legal advisor to identify the best approach to resolve the issue. The consultant will prepare the company’s written response and identify the steps that must be taken to manage the issue.
6. Representation In Court During Litigation
Businesses will need a lawyer when matters reach a court of law. Employment lawsuits necessitate a quick response since most regulations stipulate that a reply is sent within a specified timeframe. Employers need a labor law expert who will submit a formal response to the lawsuit. The lawyer will also be responsible for representing the enterprise during litigation proceedings.
Entrepreneurs must approach a labour law consultant even before they establish their business. This will help them in knowing about the necessary steps they must take to create a legally compliant organization and avoid possible issues in the future.