Labour Attorneys and filing cases against the company or management is not a new thing to happen. Therefore, proper legal support from professionals is required. Here are some important questions that you should ask before hiring a Labour Lawyer.
Two challenges have been raised with the increasing number of candidates and job roles. Firstly, getting a good job that values you and pays a decent amount is quite tricky. Secondly, the employee working, especially at lower designations, are being poorly exploited, which presents a top question on labour law advisor. To protect the rights of workers, Labour Law was formulated in India. And the one practising them is known as a labour lawyer.
Apart from workers, many often employers or management also suffer from confrontation with workers. To deal with such a situation, it is required to use legal and formal ways. Otherwise, the judiciary can take considerable action against the employers. And that is where the role of Labor Lawyers comes in. Here are the complete details about them and how you should hire a labour lawyer.
Who are Labour Lawyer?
These professionals hold expertise in Labour laws and can assist the employer or the employee. The labour law governs the rights of labours. It ensures that work gets safe and healthy working conditions with desirable pay. Moreover, it also checks that employers should not exploit their workers for money or any other interest. Article 21 of the Indian constitution states that every citizen of India has the right to work without any discrimination based on sex, religion, caste or creed.
A labour lawyer may have to deal with an arrogant company or a group of violated workers demanding their rights. Such lawyers know how to deal with either of them and win the cases in court. While many times they also have to rest the case by an out-of-court settlement.
It is not uncommon for business giants to face labour attorneys. And hence, they usually hire a full-time labour lawyer to deal with all this stuff. Lawyers for labour are students of labour laws. These laws mention the guidelines that every firm must follow after labourers’ employment. Labour laws hold the power to raise a dispute in court in matters like dangerous working conditions, salary deduction, layoff, overworking without any incentive or sexual harassment at the workplace.
When can you hire a Labour Lawyer?
Both employee and employer can visit a labour layer. As these professionals are in the habit of handling such cases, it is highly recommended to consult with them if anything unjust happens.
Employees need a labour lawyer when they want to file a lawsuit against the management for any sort of injustice or exploitation. Apart from that, it is advisable to get help from them in case of negotiation or compromise during union strikes. These professionals would proceed legally and formally so that no allegation would be made against the union.
Some other reasons to hire a labour lawyer as an employee can be management refusing to pay incentives for overworking, being fired without any reasonable cause or declining to provide severance pay. In any case, authorities can take action inside or outside the court, but a matter expert is also required.
It has been observed that most employers tend to hire such professionals to sort out attorneys. A business head can consider a consultation if they have any proof of a labour strike. Moreover, if the government authorities perform an inspection, online lawyer consultation can be helpful.
However, such professionals are often hired when an employee warns or threatens a firm to file PIL against the company. In such a case, an employer can choose to compensate the employees privately or take the topic to court for legal prosecution.
Differences between an Employment Lawyer and a labour lawyer
However, in both professions, a lawyer has to deal with employers and employees. Also, he has to deal with disputes or legal court cases. But the main difference between them is that an Employment Lawyer has to work with an ungrouped or non-unionized client. As already mentioned, these clients can be workers or employers. To put it in simple language, they usually represent individuals or a group of individuals. These groups may or may not have a common motto.
On the contrary, Labour lawyers are trained to handle cases that involve grouped or unionised parties from either side. These groups have a particular aim and specific way to meet their demands. Therefore, a labour lawyer has to work with federal and state labour laws with a top question on Labor Law.
Another significant difference between them is that Labour lawyers are familiar with supervising the case of labour attorneys. Such cases are governed through legislation like the National Labour Relation Act. At the same time, Employment agreements do not have such niched laws to guide them. Hence they follow the general rules specified in the constitution.
Top 10 questions to ask your Labour Lawyer
We have seen how important it is to hire a Labour Lawyer to fix your professional chaos. But not all Lawyers an equally skilled. Some of them can have a great experience with poor knowledge. In contrast, some may excel in theoretical knowledge but do not hold vast experience. To find the correct labour advocate online for yourself, here are some questions on which you can assess them.
1) How much time you have practised Labour Law?
2) Are you familiar with cases similar to mine?
3) If so, how do you think you have performed in that?
4) What’s your approach to a new case?
5) What do you think it takes to be a perfect Labour Lawyer?
6) Please narrate a case where you were unsuccessful as a lawyer.
7) How do you handle failures?
8) Do you have enough time to focus on my case?
9) What is the thing that drives you to take my case?
10) Who was your happiest and most unsatisfied client? And why?
Apart from these questions, various other information, like the office’s timing, phone number, fee, etc., should be asked. Of course, they are pretty apparent details to retrieve, but it can smooth the meeting between you and the lawyer.
Conclusion
Concludingly, research appropriately before hiring or interviewing a lawyer to ask a top question on Labour Law. You must not have enough time to interview anyone who comes your way. Prepare a whole list of qualified Labour lawyers and then shortlist them to have a personal meeting with you.
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