Employment law
Employment disputes often arise suddenly, with a warning, dismissal notice, or request for an explanation. The deadlines for taking action are short. We review documents against the Labor Code, advise on your options, and represent both employees and employers in disputes.
Employment advice for employees and employers
Advice on mandatory and additional employment terms, noncompete obligations, confidentiality, personal data protection, lawful grounds for dismissal, and workplace misconduct.
Drafting job descriptions, collective agreements, workplace rules, employee data-processing policies, noncompete agreements, and confidentiality agreements.
Representing employees and employers in pre-court employment dispute proceedings, at every court level, and in mediation.
Preparing claims, defenses, appeals, and cassation appeals to protect clients’ rights and legal interests.
When you may need an employment attorney
You were dismissed unexpectedly
Do not rush to sign an agreement. Record the date you received the notice, as this will generally be the starting point for the one-month deadline to apply to the Labor Disputes Commission.
You have not been paid after leaving your job
If final payment is delayed through no fault of the employee, a penalty accrues based on average earnings for each month of delay, up to six months.
You have been offered a mutual termination agreement
Respond to an offer to end employment by mutual agreement within five working days. No response is treated as rejection. Once the agreement is signed, the agreed basis for termination is no longer in dispute.
You have been asked to explain alleged misconduct
Your explanation can shape the entire dispute. Prepare it within the employer’s deadline and do not leave a written request unanswered.
A noncompete agreement restricts you after leaving
A noncompete agreement may last no more than two years after employment ends and requires compensation. We assess whether the restricted activities, territory, and duration are defined as the Labor Code requires.
You need properly prepared employment documents
We draft employment contracts, pay policies, workplace rules, and dismissal documents. These give the employer’s decisions a written basis and a clear timeline if a dispute arises later.
What people often learn too late
Claims for unlawful dismissal or suspension must be filed with the Labor Disputes Commission within one month. Other employment rights claims must be filed within three months after you learned, or should have learned, of the violation. Missing the deadline may prevent a dispute from being considered on its merits, so record the date of service immediately. Employment rights disputes generally go to the commission before court.
A successful challenge does not always mean returning to the job. The court may decline reinstatement and instead award compensation based on length of service: one average monthly salary for every two years of employment, up to six, together with average earnings for the period of enforced absence. Employees are exempt from court filing fees in employment cases. The main challenge is therefore often evidence rather than cost: documents, correspondence, and witnesses.
A misconduct dismissal has its own deadlines. The decision must be made within one month after the misconduct is discovered and no later than six months after it occurred. If discovered through an audit, inventory, or operational inspection, the outer limit is two years. Without a prior written request for an explanation, the dismissal may fail on procedural grounds even if misconduct occurred. Employers need to establish both the facts and compliance with the required steps and dates.