Energy Law
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Working Life
Employment Law
Employment law is a document-driven field for employer and employee alike. Payroll records, timesheets, written defences and termination notices are the only real basis the parties have when a dispute arises.
We work to regulate the legal relationship between employee and employer in working life and, as a first resort, to bring disputes to an end by settlement for the benefit of both sides.
On the employer's side: termination in due form
Termination is the act that generates the most litigation in employment law. Even where a valid or just cause exists, failure to obtain a written defence, failure to give the termination notice in writing and with reasons, or failure to observe the principle that termination is the last resort will expose the employer to reinstatement and compensation liability.
For employer clients our office provides pre-termination process management, the ordering of written defences and minutes, the operation of disciplinary boards, and the preparation of employment contracts and ancillary arrangements (non-competition, confidentiality, remuneration schedules).
On the employee's side: calculating what is due
An employee with one year's service whose contract ends otherwise than in the circumstances listed in the law becomes entitled to severance pay. Severance pay is calculated on the basis of thirty days' all-inclusive gross wage for each full year and is subject to a statutory ceiling. Notice periods vary between two and eight weeks according to length of service.
In addition, overtime, weekly rest day, national holiday and public holiday pay, together with annual leave entitlement, make up the principal item in most files. Witness evidence, entry and exit records and bank movements are decisive in proving these claims.
What we handle in this area
- Preparation of employment contracts, internal regulations and the human resources document set
- Management of termination processes and reinstatement actions
- Disputes over severance, notice and bad faith compensation
- Overtime, weekly rest day and annual leave claims
- Pecuniary and non-pecuniary compensation actions arising from occupational accidents and diseases
- Allegations of workplace harassment and breach of the principle of equal treatment
- Drafting and breach of non-competition and confidentiality undertakings
- Collective labour law, trade union processes and collective bargaining agreements
- Conduct of the mandatory mediation process in employment law
Frequently asked questions
Application must be made to a mediator within one month of service of the termination notice. If no agreement is reached, the action must be brought within two weeks of the date the final minutes were drawn up. These are forfeiture periods and, once missed, the right of action is extinguished.
As a rule, no. However, where the employee terminates the contract on just cause (such as non-payment of wages, underpayment of social security premiums, a material change in working conditions, or harassment), an entitlement to severance pay arises. For that reason the reasoning and wording of the resignation letter are extremely important.
Please note. The content on this page is for general information purposes and does not constitute legal advice. Deadlines and procedural rules may vary according to the particulars of the file. For an assessment of your specific situation, please contact our office.
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