Labor disputes in Latvia: how to defend the employer’s rights
Firing an employee is not a rare phenomenon. But the conflict between the employee and the employer does not always end peacefully. In some cases, the person offended by “injustice” goes to court, and if there are mistakes in the documents regulating labor relations, it may be costly for the employer, taking into account the compensation for the former employee. INLAT PLUS international lawyer provides information on how to deal with problems connected to labor disputes.
The Employee is always right?
The labor law implies that the employee is a less protected party. If the conflict between the parties escalated and the labor dispute ended up in court, the employer has to prove that all of employee’s allegations are without basis by providing documents, facts, and testimonies of the witnesses.
Practice shows that the documents regulating labor relations in many companies are far from perfect.
For example, some companies still use labor contracts prepared in 90s. A lot has changed since then, the market, the structure of the companies, the responsibilities of the employees, but the labor relations are still established and regulated on the basis of outdated documents.
Dismissal under Section
In most situations, the employees contest the legality of the “unfair and illegitimate dismissal” before the court.
The causes of the conflict, followed by dismissal, may be different. The employee regularity violates the rules – being late, absent, and not doing work duties. The employee ignores the orders of the superiors, as well as creates an uncomfortable work environment by setting the other employees against the employer. Thus, seriously damaging the business activity. There were cases when the company was at risk of losing its license, key partners or getting huge fines.
Unfortunately, it is not always possible to part ways with antagonistic person peacefully by mutual consent. After the dismissal under Section these employees sue their employer. In this case, they show an extraordinary enthusiasm by finding mistakes in the labor contract and the procedure of dismissal.
To sue the employer for mobbing
The statement of claim that contests the legality of dismissal, may contain additional demands
At a minimum, the former employee demands to be reinstated and given compensation covering the period of the dismissal. The employee also requests to compensate the moral damage. The employee usually says that he or she was loaded with work that is not connected to the job without getting paid, as well as forced to work overtime for free.
One of the latest trends is to accuse the employer of mobbing. This word goes for psychological violence – harassment among the colleagues in order to create so unbearable conditions that the employee has no other choice but to leave.
It is quite difficult to prove to the court that the accusation of mobbing is false, and the employer just wanted the employee to do his work.
A lawsuit for tens of thousands of euros
The value of the suit may be quite impressive – if the employee wins the case, the employer will have to reinstate the employee and to pay him compensation covering the months of the dismissal.
The court hearings last for at least six months – the testimonies of witnesses should be heard, but the witness may not attend the hearings, the judge may adjourn the trial, and after the trial is over, an appeal is submitted. That’s why the amount of the suit that exceeds thousands sell for tens of thousands of euros is quite common.
Unfortunately, after losing the lawsuit the employer has to pay compensation and to cover legal costs. And all because of some badly drafted documents.
How to avoid problems in a labor dispute?
It is much easier to keep all the documents in order instead of dealing with legal problems after it’s too late.
- It is necessary to make a full analysis of all legal documents covering both labor relations and the company’s economic activity, and to check the documents currently in use: whether they are prepared correctly in accordance with the legislation in force, without any vulnerabilities that could lead to a damage in case of a dispute;
- The template of the labor contract should be prepared individually according to a specific business model, not just a simple form taken from the Internet. The job description, the requirement of confidentiality, the employee’s responsibilities, as well as the remuneration, the schedule, the overtime requirements and additional working duties should be specified in the text of the contract;
- It is crucial to have a complete set of the documents: job instructions, internal regulations, safety regulations, etc.;
- A person applying for a job is introduced to the rules of the company and has to agree to abide them by signing the document;
- In cases of serious and systematic violations the employee should provide the employer with explanation in written form. If the employee refuses to do so, it needs to be reflected in a special act. After that, the decision containing sanctions should be prepared on the basis of the inflicted damage to the employer. Everything should be transparent and unequivocally, leaving no possibility for manipulation during court proceedings.
Legal assistance
The experienced lawyers of INLAT PLUS international will help the company to put documentation regarding labor relations in order, and defend the employer’s interests in the event of court proceedings.
We offer you to conclude a subscription contract on legal support, which will help your company to put the documents covering labor relations and economic activity in order, and to avoid problems.
