When finding the assistance of a labor lawyer Philippines, make sure you get the best out of the time spent consulting with them. If as an employer you have concerns surrounding your workplace and as an employee you feel that some of your grievances should be addressed, a good document can have a good impact on the way legal issues related to this will go at the end of it all. This article highlights some important things that you will discuss with them during the consultation that should cover everything needed in full detail.
Understanding Your Legal Rights and Obligations
For Employers
To avoid legal pitfalls and potential penalties, employers must discuss their legal obligations under Philippine labor laws. It involves knowing what the minimum standards are for wages, working time, working conditions, and benefits. A labor attorney can simplify compliance with the Labor Code of the country and hence, help you as an employer to keep off legal traps and fines.
For Employees
Employees need to comprehend their rights, this means understanding everything about the minimum wage, extra hours compensation, leaves of any kind such as maternity or paternity leave, and sick leave, as well as having safe working environments. They must do this so as not only to be able to spot potential infringements but also to know where they can seek redress in case their rights are violated.
Employment Contracts and Agreements
Reviewing Existing Contracts
At the consultation, both the employer and the employee should come along with any employment contracts and agreements. A talk with an attorney as far as labor is concerned on such papers would help in pointing out any clauses that could be unlawful or seem bad. Employers should however ensure that through such a review process, compliance is as per the labor rules and that their interests are covered in the contracts.
Drafting New Contracts
Employers who are planning on drafting new employment contracts are advised to seek a lawyer to guide the mandatory inclusions without breaking any regulations. The mandatory inclusions are job specifications, salary scale benefits, confidentiality agreements, and termination conditions.
Handling Disputes and Grievances
Internal Resolution Mechanisms
Talk about the current ways organizations solve conflict and concerns about work. Employers should ask for assistance when creating useful internal processes that should cater for issues that involve how employees are treated by their supervisors within the company and fair employment such as grievance mechanisms and disciplinary actions.
Formal Complaints and Legal Action
Staff members who are facing unresolved conflict or disagreement might require unresolved conflict or disagreement might require help from somebody who knows how to make official accusations against some organizations such as DOLE, or else, take them to court. One of these professionals could tell us what to expect through timeframes, procedural steps as well as required evidence among others.
Termination of Employment
Grounds for Termination
Employers must comprehend the legitimate grounds for the dismissal of their workers. Talk about the fair reasons (serious wrongdoing, habitual negligence in work), and authorized reasons (redundancy, retrenchment) for termination under the Labor Code. To prevent accusations of unfair dismissal, employers have to comply with the prescribed procedure.
Employee Rights Upon Termination
At the time of being dismissed from work, employees need to ask what are their rights concerning pay and benefits. This knowledge will enable them to confirm that they get the amount they deserve while at the same time revealing instances of unfairness.
Workplace Policies and Compliance
Developing Workplace Policies
Discussing the creation and implementation of workplace policies relating to different issues including attendance, dress code, health and safety, and anti-discrimination is an activity that employers should undertake. To guarantee that these policies are comprehensive, clear, and conform to the law, there is a need to involve a labor lawyer.
Compliance Audits
Conducting regular compliance audits would aid employers to conform to labor laws and also regulations to discuss with a labor lawyer about the scope and frequency of such an audit and this could help address non-compliance areas before they escalate into legal problems.
Compensation and Benefits
Wage and Salary Structures
Employers need to ensure that their wage and salary structures are in line with laws governing wages such as minimum wage law as well as other rules governing overtime pay. To set up such packages without violating any statute, one needs advice from an expert in labor laws.
Employee Benefits
Observe the required benefits that have to be given by businesses such as contributions to the Social Security System (SSS), PhilHealth, Pag-IBIG Fund, and the 13th-month pay. Understanding the said benefits helps employees receive whatever they deserve according to the law.
Workplace Health and Safety
Compliance with Occupational Safety and Health Standards
Employers are legally required to maintain a safe working environment to protect their employees and themselves from accidents and diseases, according to the law. The discussion on occupational safety and health (OSH) standards with a labor attorney will help employers to know what should be done or put into writing to comply with the OSH law.
Reporting and Handling Workplace Accidents
If any workplace accidents are happening so should everyone know what are the requirements as per reporting them as well as the steps you can follow to handle them when they occur. This is where a labor lawyer will come in handy, who will help in understanding all legal obligations as well as the next steps after any given accident.
Handling Special Employment Situations
Foreign Employees and Expatriates
When employing foreign workers must abide by laws governing immigration. Talking to a labor lawyer about what one needs to do to get a work permit and visa will ensure that the process of hiring foreigners is lawful and uncomplicated.
Employment of Minors and Differently-Abled Individuals
Specific legal requirements accompany the employment of minors and disabled individuals, assuring their protection. To promote inclusivity while working within the boundaries of the law, employers should get guidance on how to ensure they are in line.
Labor Union Regulations
Understanding Union Rights
Employers must communicate the rights of labor unions. The rights include the laws on collective bargaining and union activities. Understanding the rights helps in building a harmonious relationship with the unions and averting conflicts.
Handling Collective Bargaining Agreements
Trade unions and employers negotiate the terms and conditions of employment that have been reached between them in collective bargaining agreements. It is advised that employers should employ expert legal counsel to make fair, all-rounder, and labor law compliance.
Preparing for Litigation
Legal Representation
Understanding the process can help ensure you have legal representation whenever disputes become lawsuits. Clients’ understanding of the possibility of court cases in terms of potential expenses, durations, and results, enables them to adequately prepare for and go through the legal process.
Documentation and Evidence
Employers and employees need to be aware of the significance of documentation and evidence in lawsuits. For supporting a lawsuit, it is imperative for the clients that they have information and proof on their standpoints which point to the actual happening. The labor lawyer will assist you in gathering necessary record-keeping materials that may aid your case.
Key Takeaway
Having a meeting and discussion with a labor lawyer serves as a golden chance to get comprehensive insights about employment statutes that relate to distinct predicaments. If the matters listed above are deliberated upon then employers and employees can be assured of having everything included, and end up being prepared and making rational choices.
