The object of employment law is constituted by the legal labour relations, which appear as a result of the individual labour contract and the legal relations related to them. This field has always been the link between commercial and civil law.
Employment lawyers make sure that the employees are treated in a fair and consistent manner and employers are in compliance with all laws within workplace.
What is employment litigation?
The object of labour law is constituted by the legal labour relations, which appear as a result of the individual labour contract and the legal relations related to them. This field has always been the link between commercial and civil law.
Employment litigation covers many types of claims, including discrimination; harassment; wage-hour pay, classification, and overtime violations; wrongful discharge; entitlement to employee benefits; misappropriation of trade secrets and confidential information; unfair competition; enforcement or avoidance of restrictive covenants; labour union disputes; workplace safety violations; defamation and other employment-related torts.
In this process, the case is brought before the court, the judge pronounces his verdict on the issue after analysing all the arguments, evidence and facts presented by the lawyers of the parties involved. If the parties do not agree with the court’s decisions, they may appeal to a higher court to obtain justice, provided that certain conditions are met. Divergences between the subjects of a legal employment relationship arise when the parties involved have different perspectives on an issue arising from a legal employment relationship. For example, if an employee requests the suspension of the individual employment contract due to the care of the child aged 3 to 6 years, and the employer rejects the employee’s request, the moment of the employer’s refusal to admit the application of the employee represents the moment of the beginning of the labour dispute, since at that moment the divergence between the parties appeared.
However, due to the rigidity and the high cost involved in the litigation process, there are instances when parties choose arbitration.
What are the differences between arbitration and litigation?
1. The main difference between arbitration and litigation law is that the court is involved in the case of litigation, as it is a lawsuit, whereas, in arbitration, a settlement between the parties is done outside of court.
2. Arbitration is a method of resolving the dispute in which a neutral third party is appointed to study the dispute, listen to the parties and then make recommendations. On the other hand, litigation is described as a legal process in which the parties resort to the court for the settlement of disputes.
3. Arbitration is always civil in nature. Conversely, litigation can be civil litigation or criminal litigation.
4. Arbitration is a private method of resolving controversies between the parties, where complete confidentiality is mandatory. On the contrary, litigation is a public procedure.
5. The cost of the arbitration process is comparatively lower than the litigation.
6. The decision made by the judge is final and binding in nature, and so further appeal cannot be made. On the contrary, in litigation, the litigants can appeal to a higher court, if they do not agree with the decision made by the court, but subject to certain conditions.
Mediation in employment litigation
Mediation is an alternative way of resolving employment litigation, and it is a voluntary and confidential procedure, through which a neutral, impartial and non-decision-making third party – the mediator – helps the parties reach a mutually accepted agreement together to resolve the mediated conflict.
When we refer to employment litigation, mediation seeks to resolve the conflict between employer and employee (respectively vice versa) amicably, while the pre-briefing session seeks to make future parties aware of the existence of an alternative potentially less costly and shorter than deducting the dispute for resolution from the courts. Legal nature of mediation is purely contractual, with all the consequences that derive from the contractual nature of the concluded act.
In conclusion
An employment lawyer from Hammond Partnership offers counseling services, legal assistance, representation to both Romanian and foreign companies. Due to the experience gained over time, the employment law services offered are both for employers and employees, disregard of the complexity of the case.
Our team of lawyers specializing in employment law represented both employers and employees and provided assistance in the procedures for taking over a company from the perspective of taking over the workforce.
