Imagine an employee filing a lawsuit against the company for violating their rights. Given this scenario, one may hire a labor lawyer to defend them during the process. A perfect example is how Workers’ Compensation lawyers ensure workers get the right settlement in case of workplace injury. This article will help you understand more about the role of a labor lawyer.

What is Labor Law?

Labor law regulates the relationship between employee and contractor within the scenario in which the employee performs their professional obligations under the command and guidance of the employer.

For this, in accordance with the legislation, the employee performs their activities and leaves the effort and skills available to the company, receiving payment according to the hours of work established in the contract.

However, it is not only in the direct and individualized relationship between employee and employer that labor law plays its role. It also regulates collective relations between categories of employers and employees, which in most cases is done through union representation.

What does a labor lawyer do?

This professional is in charge of defending one of the parties, the employee or the employer, in a lawsuit in the Labor Court. For this, the labor lawyer needs to have knowledge of several branches of law in labor legislation.

Given these characteristics, a labor lawyer can perform the following functions:

  • Develop preventive measures to avoid lawsuits and establish agreements
  • Defend one of the parties in a labor lawsuit
  • Follow the processes
  • Collect evidence to defend the client during the process
  • Provide advice on labor law
  • Analyze and prepare labor documents
  • Prepare opinions of a labor nature
  • Provide assistance to companies to help HR comply with legislation.

In what cases can a labor lawyer act?

The labor lawyer can act in several situations, ranging from more specific problems to even larger conflicts involving employees and employers. Here are situations a labor lawyer may be needed.

Recognition of the employment relationship

 Often the worker provides services to an employer as a true employee but does not have their employment document registered, or the bond recognized. In these cases, the labor lawyer will file a lawsuit asking for the recognition of this bond and all the arising rights.

Wage arrears

In cases where the contractor delays the employee's salary, the lawyer can file a lawsuit for the payment of the delayed amount or claim compensation for damages suffered as a result of the late payment.

Work accident

If the employee suffers some type of accident at work in the performance of their duties, depending on the case, they may claim compensation in the Labor Court.,

Accumulation and deviation of function

A perfect example is being asked by the employer to perform tasks other than those defined in the employment contract or adding others. This can configure accumulation or diversion of function. In this case, a salary increase may be required. However, this is an action in which the employee must prove the deviation or accumulation, which is not always easy. At this point, the labor lawyer, in addition to filing the lawsuit before the Labor Court, can be very useful for gathering evidence.

How to hire an employment lawyer?

A labor lawyer can be self-employed or provide services to a company specializing in the matter.

Based on this principle, to consult a labor lawyer, it is always good to contact credible offices or professionals who have the same image in the market. The internet is a great ally for this. It allows you to find qualified professionals.

The consultation doesn’t need to be in person. It can be via video call if you prefer. The documents required as a power of attorney can be digitally signed, making the process less bureaucratic.

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