Question 1

Labour law attorney: when do you consult him?

Accepted Answer

Considering that labour law is a branch of rights faced by natural and legal persons on a daily basis, it is necessary to present the role of attorneys in the implementation of labour law.

Question 2

Labour law attorney and an employer?

Accepted Answer

Given the very complexity of the topic, it is necessary to provide employers with legal support in the form of composition, analysis and harmonisation with the positive regulations of all acts related to the employment relationship as well as the effects of the same, especially the employment contract, employment regulations, collective agreement, termination agreement and termination of the employment contract.

Question 3

Labour law attorney and employees?

Accepted Answer

Furthermore, while employees are advised to consult an attorney when signing an employment contract with the aim of examining employment contracts and possibly amending provisions that are at the expense of workers and/or contrary to the Labour Act. It is particularly important that the worker requests the assistance of the attorneys in case of abuse and mobbing in the workplace as well as in case of unlawful termination of the employment contract.

Question 4

Termination of the employment contract: reason for termination?

Accepted Answer

There are several ways in which the employment contract can be terminated. Thus, the Labour Act specifies 8 (eight) ways of termination of the employment contract, namely: death of workers, death of employer of a natural person or the termination of a trade by force of law or removal of the sole trader from the register in accordance with special regulations, upon expiration of time for which a fixed-term employment contract was concluded, when the worker reaches sixty-five years of age and fifteen years of pensionable service, unless the employer and worker agree otherwise, by means of an agreement between the worker and employer, delivery of a final decision on recognition of invalidity rights, because of the complete
loss of working capacity, by notice and by the decision of the competent court.

Question 5

Job contract cancellation: What do you pay attention to?

Accepted Answer

After receiving the decision to cancel the employment contract, whether it is a notice due to business reasons, a personally conditional dismissal, a dismissal conditioned by the concealed behavior of employee or a dismissal due to dissatisfaction with the probationary period, the employee must pay special attention to the length of the notice period, whether he is obliged or relieved of work during the notice period, and to the amount of severance allowance in case the employee has been employed for more than 2 (two) years uninterrupted, as well as to the number of the day of unused holiday.

Question 6

Termination of employment contracts and damages?

Accepted Answer

It is necessary to note that in case the worker suffers damage at work or in relation to work, the employer is obliged to compensate the worker in accordance with the general regulations of compulsory law, and also refers to damage caused by the employer to the worker by the violation of his or her labour relations rights. If the court finds that the employer's dismissal is not allowed and it is not acceptable for the worker to continue his employment, the court will, at the request of the worker, determine the date of termination of the employment relationship and grant him damages amounting to at least three and at most eight stipulated or contracted monthly salaries of that worker, depending on the duration of the employment relationship, age and maintenance obligations charged to the worker.

Question 7

The entitlement to annual leave and job change or first employment?

Accepted Answer

A worker employed for the first time or who has a break between two employment relationships longer than eight days shall be entitled to a 4 (four) week annual leave, after 6 (six) months of continuous employment with that employer. Before acquiring the condition described above, the worker shall be entitled to a proportional part of the annual leave, which shall be fixed at one twelfth of the annual leave, for each month of the duration of the employment relationship. The establishment of the schedule for the use of annual leave shall take into account the needs of the work organisation and the possibility of rest available to workers.

Question 8

The entitlement to annual leave and job change and employer?

Accepted Answer

The employer must inform the employee at least fifteen days prior to the use of the annual leave of the duration of the holiday and the period of its use. One day of an annual holiday, the worker shall be entitled, under the obligation to inform the employer at least three days before his or her use, to use it when he or she wishes to, unless particularly justified reasons on the part of the employer prevent this from happening.

Question 9

Mobbing in the workplace: what to do?

Accepted Answer

Mobbing or harassment, sexual harassment or abuse in the workplace is one of the most sensitive topics of labour law. It is the duty of each employer to ensure adequate protection of the dignity of all workers by appointing a person who will be empowered to receive and handle complaints for the protection of dignity. The procedure should be kept secret and appropriate measures should be taken after the procedure has been conducted, and in case mobbing is found to exist, to protect the dignity of workers.

Question 10

Working hours and probationary time at work?

Accepted Answer

Working hours are the time in which a worker is obliged to perform his/her duties, that is, in which he/she is ready to perform his/her duties according to the employer's instructions, in a place where his/her work is performed or in another place designated by the employer. Full-time working hours of workers cannot exceed forty hours a week, while part-time working hours of workers are each shorter than full-time working hours. When concluding a contract of employment, a probationary period may be contracted, and the probationary period must not exceed six months. Dissatisfaction of the probationary workers is a particularly justified reason for termination of the employment contract.

Commercial Law - Corporate Law and M&A - Labour Law - Real Estate - Admin. Law and Intellectual Prop - Immigration Law - Tax Law

LABOUR LAW

LABOUR LAW ATTORNEY: LIFE AND BUSINESS SUPPORT

LABOUR LAW: OUR TEAM

HOW CAN WE HELP YOU?

LABOUR LAW

FAQ

LABOUR LAW ATTORNEY AND AN EMPLOYER?

CONTACT