Employment law issues
Contract of employment – Employer-employee negotiations
For companies, employment contracts and their terms and conditions are key points concerning the use of labour. The use of a specialist can save a company from major liabilities for damages. The management must be able to evaluate whether to offer a fixed-term contract or a contract which is valid until further notice, whether or not to use a temping agency, which order to use for terminations, who comes under employer-employee negotiations and so on.
In addition to the employment contract, mandatory legislation protecting employees has a significant and extensive impact on the rights and obligations between the employer and the employee. When preparing and deciding on employment contracts, consideration of mandatory legislation applicable to the employment relationship is essential. The extent of official regulations and their correct interpretation require that in any employment matter the company management shall from the outset consult a legal specialist.
In matters concerning the termination of employment contracts, the basis for legal assessment is completely different in the case of an individual employee than it is in collective termination of employment relationships. Employment law regulations and agreements are not merely limited to the period of employment. Significant legal obligations may also be imposed after the end of the contract period. For example, the terms and conditions of an employment agreement concerning an employee’s non-competition status and confidentiality cannot be randomly selected. These terms and conditions are limited by law, sometimes to the detriment of the employer.
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The use of temporary labour and the Act on the Contractors Obligations and Liability
The Act on the Contractors Obligations and Liability when Work is Contracted Out sets a certain obligation of clarification for the users of temporary labour. A temporary labour force may have come from abroad, in which case the employer should comply with legislation concerning posted workers – do not take any risks, avoid errors and use a specialist.