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Labour Consulting Online Questions

Labour dispute – Controversy with the worker

The labor dispute is an initiative undertaken by the employees against their employer. Solving an employment relationship means terminate the Bilateral agreement which was stipulated at the beginning of the work performance and, like all contract terminations, it could lead to a dispute, especially in the case of dismissal of the worker.

Dismissals

The dismissal is a legal institution that puts an end to the employment relationship. The motivation made on the letter of dismissal becomes essential if the employee contests it, as it may be declared void, illegal and / or ineffective.

Before a dismissal notice, it’s important that the labor consultant is acquainted of what happened and is informed on the procedures carried out during the entire employment relationship as well as on the possible intention of the entrepreneur to hire new staff. Understanding the context helps the professional to best assist the customer, proceeding formally and substantially choosing the most appropriate dismissal procedure applicable by the law. Both in the case of individual dismissals (subjective or objective), and in the case of multiple or collective dismissals, the relationship with the lawyer, or the trade union, of the other party is extremely important. Often, after the first meetings, a settlement out of court can be reached (in which the parties are “win win”); sometimes this is not possible and it’s necessary to take legal action.

Labour dispute: time and costs

The main cases in which to encourage a labor dispute:

  • Request of different retribution;
  • Errors in the recording of holidays and leaves;
  • Incorrect management contract according to the tasks performed;
  • Dispute for the reason given in the letter of dismissal;
  • Challenging the type of working relationship between the parties.

Regarding the timing, it’s not possible to formulate a precise prediction. For information on the operating costs of a possible labor dispute, you can book an appointment with our consultants. Our firm is supported by lawyers specialized in the field of labour law, who can assist companies with the maximum level of professionalism, seriousness and transparency.

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