We have divided the main areas where we help our clients to resolve processes or disputes related to the labor law agenda into the following areas:

Advice in relation to the unbalancing of working conditions

There may be situations when the employer is forced to dismiss his employees. This may be, for example, due to insufficient sales of production and the consequent organizational changes, as well as violations of labor discipline or unsatisfactory work results of the employee. In this case, the employment relationship with the employee is untied on the spot.

The assistance of a lawyer can consist not only in the preparation of the appropriate documentation, but also in the provision of advice for a particular procedure. However, we also represent employees with whom, on the contrary, the employment relationship has been terminated and seek the invalidation of such action. Likewise, on behalf of both parties, we address other problems that may arise in the workplace, whether related to remuneration or unequal treatment.

Representation in disputes arising from employment

Labour disputes have a number of specifics, whether they are irreversible deadlines for the application of certain claims or a specific procedure within the framework of the application of claims before the court. A special feature is that judges rule in chambers with alternates, and this element must therefore also be taken into account.

Some of the most common disputes are about the (not) valid termination of employment. Within two months of the termination of the employment relationship, the employee may challenge the validity of the act (typically dismissal or immediate cancellation) by which the employment relationship was terminated.

This type of legal proceedings is very specific. In such proceedings, the court will examine not only the fulfilment of the formal requirements, i.e. the manner of service, and whether the notice is worded correctly in accordance with the Labour Code, but also whether there really was a reason for the dismissal:

- in the case of dismissal for redundancy, the court will examine in detail the internal structure of the company and whether, taking into account all the circumstances, the employee in question was actually redundant;

- in the case of dismissal for violation of the duties of an employee or unsatisfactory work, the court will examine in detail the performance or behavior of the employee, the relations in the workplace and the specific circumstances that led to the dismissal. This kind of dispute is so extremely challenging and requires careful preparation for every negotiation. Sometimes even a seemingly insignificant (marginal) circumstance can decide whether the court finds the statement invalid;

- in the case of immediate termination of employment by the employer, it will then also be examined whether the intensity of the breach of obligations was such that such a breach can be described as having been committed in a particularly gross manner, etc.

The invalidation of the dismissal is also related to the claim for compensation of wages, which can significantly burden the employer who leads the dispute with the fired employee financially. However, the mere invalidation of the notice is not automatically sufficient for the establishment of a claim for compensation of wages. This, too, must be taken into account in such legal proceedings.

For any dismissal or immediate termination of employment, an individual assessment of all the circumstances that were relevant to the termination of the employment relationship is therefore absolutely necessary. In assessing these facts, it is therefore necessary to establish a maximally open relationship between the lawyer and the client (employer or employee) in order to choose the most appropriate strategy in the litigation.

And what are the other disputes about? In particular, the subject of disputes are financial claims, such as :

- financial claims for “lunch breaks”, which, given the degree of the employee's duties, do not constitute (unpaid) breaks at work for food and respite, taking into account recent case law of higher courts. The court will examine the specific duties of the employee in question;

- entitlement to the payment of bonuses or incentive components of remuneration. In such a case, the court will examine whether the bonus was entitled or unclaimed, or whether other criteria for the payment of the remuneration were met or whether the employer's conduct was “fair” in accordance with the principle of equal treatment and non-discrimination in comparison with the remuneration of other employees;

- claims for compensation for damage caused by the employer or employee.

A very specific discipline is then litigation arising from accidents at work or occupational diseases. It is necessary to take into account all the circumstances that may have led to an occupational accident or illness and to assess the specific effects on the further employment and quality of life of the employee concerned.

Thus, labor litigation will mostly be an examination of specific relationships and specific circumstances occurring in a given workplace, and it is impossible to anticipate in advance the course of the legal proceedings, let alone the outcome itself. Thus, it is necessary at all times and in all circumstances for the lawyer to perceive the nature of the dispute in question and accordingly determine the further course of action, including an assessment of the question of whether it makes sense to go into the dispute “to the fullest” with the maximum of the requirements or, on the contrary, to attempt an amicable solution or even to completely withdraw from the enforcement of the claim.

Assistance to the employer in administrative proceedings

Sometimes there is even a situation when the labor inspectorate “knocks on the door” at the employer and starts an inspection. Unfortunately, even with the utmost care and legal treatment of all aspects, it can happen that the labor inspectorate unjustly introduces inspection findings of violation of certain obligations, whether they concern working time, remuneration or allowing illegal work. These findings are followed by administrative proceedings in which employers can be fined up to hundreds of thousands or even millions of crowns.

Many years of working with clients convinces us that it is good to think about the possible risks that may arise in the relationship between employee and employer. If some issues are not dealt with in a timely manner, it may be impossible to avert possible risks after the problem arrives. Even in an ideal work environment, it is so good to think about “what if”.

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