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Labor and Employment Law
Labor and Employment Law Definition
The relationships existing in an organization are really different, and each may in turn have very specific characteristics: top executives, self-employment relationships, commercial agents, ordinary employees that at the same time may be temporary or part-time; and/or working where the employee was hired or abroad. The combinations are multiple. This diversity, together with the different types of organizations there are, brings great complexity to employment relationships. Labor lawyers assist in managing the different local regulations and cross-border issues relating to the organization of the work and the management of person in the company. Specifically, labor lawyers may help identify and prevent risks before they appear, as well as discover opportunities so that the strategies with impact on employment or employees are more flexible and competitive. All this in an environment where the employee is considered to have a subordinate position, and thus unequal, with respect to the employer.
Employment law focuses primarily on labor law, but also addresses basic aspects of social security, immigration law, prevention of risks law, compliance, and diversity law, all of which are closely related. The different problems these bring to labor relations must be analyzed, so that a legal strategy for decision-making by Human Resources must be designed and executed, considering the varied and changing case law.
Attorneys in this area must have experience and be specialized in all these areas of concern, but at the same time they may have the ability to convey these concerns as normal strategic solutions. Labor attorneys need to have the ability to negotiate, be excellent litigation practitioners, and have relationship with the authorities and trade unions. These are the basics for the profession, and they must know how to adjust to the special circumstances of each case and each situation.
Labor attorneys provide services to individuals and companies who require counsel regarding employment relationships, individual and collective terminations (including termination where commercial elements may be mixed), implementation of restructuring plans and designing and negotiating collective bargaining agreements, designing non-competition and other typical agreements, labor law issues in connection with due diligence procedures and audit matters, variable compensation plans, stock option plans, codes of conduct (participation in the design and implementation process of a number of internal Human Resources policies), and analyzing legal aspects of employment with regard to social networks. All this considering specific local laws but always keeping global practices in mind.
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