Labor law lawyer: Role, missions, and field of expertise

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Labor law encompasses several issues and regulations related to work in a company. It is often called upon when the labor inspection does not allow for quick progress according to the employee’s expectations regarding employee rights. However, know that a job is a mechanism that starts with hiring and ends when the contract is terminated or expires. This makes labor law an extremely complex field.

Indeed, labor law is constantly evolving to allow labor lawyers to understand and keep up with legal developments. Being a lawyer specialized in labor law can teach you many rewarding principles, but you are also constantly exposed to difficult and delicate subjects and situations.

In this way, labor lawyers will demonstrate esteem and discernment. In this article, we present to you what a lawyer specialized in labor law is. We will present what their work and salary involve, as well as the problems that a labor law specialist lawyer generally solves.

Specialist Lawyer in Labor Law

What is a lawyer specialized in labor law? It is a professional lawyer who deals with labor law. They therefore intervene in several areas:

Client advisor: in this role, the labor law lawyer offers their clients advice so that they become familiar with labor law. The labor lawyer is involved from the drafting of the employment contract until the end of the contract. They provide their clients with information related to legal obligations and finally, they work on their regularization.

Defender of the client’s rights: in fact, the labor lawyer protects the rights of both the employer and the employee. Their goal is then to assist their client, whoever they may be, in all procedures of a case. And even before the procedure before the labor court, the labor lawyer intervenes. They reconcile the parties in order to reach an amicable agreement. Finally, the lawyer negotiates the terms of a mutual termination agreement.

A lawyer specialized in labor law can be part of the company or part of an external firm. They then draft contracts for the needs of the company.

Labor Lawyer: Their Role and Mission

The role of the labor lawyer is to advise their clients in order to be able to apply the labor code. They also work to develop case law so that it is applicable and adapted to the collective. A lawyer specialized in labor law assists their clients.

Indeed, they draft legal documents such as the drafting of the contract, the minutes of the staff representatives and the company’s internal regulations. They also issue a contract termination letter.

A lawyer specialized in labor law supports employees so that they can manage various professional conflicts. In this way, they offer a path to follow to successfully carry out different negotiations or transactions. Sometimes, the legal expert assists their clients (mainly employees) in judicial procedures to be followed in court.

The lawyer then acts as an advisor to guide his clients on the application of the labor code. He also works on the concentration of case law and the circumspection of the collective agreement.

The role of a labor law lawyer is also to guide employees in determining the outcome of professional conflicts. To do this, he advises his client on the most appropriate manner and can defend him during transactions or an agreement. The person practicing labor law participates with subordinates in the procedures to be followed for referring the case to the court.

Labor Law Specialist Lawyer: Skills

Being a lawyer in France is a standardized job and a formal profession. Indeed, the lawyer takes the place of his client (employer or employee) and represents him before a labor tribunal when there is a conflict at work. Since he is a specialist in labor law, he handles conflicts related to social law, labor law, or interpersonal conflicts.

Before the labor tribunal, the client is not obliged to be represented by a lawyer. However, if one of the parties appeals, it is mandatory to use the services of a labor lawyer because the court of appeal requires it.

What are the skills of a labor law lawyer?

Indeed, lawyers offer advice for each employee with several options on the menu:

• Compensate employees
• Job termination or cessation
• Sexual harassment
• Workplace safety
• Overtime and wage standards
• Confidentiality rights
• Discrimination against employees based on age, ancestry, color, belief, disability, marital status, medical conditions, national origin, race, religion, sex, or sexual orientation.
• Benefits such as leave and retirement plans

Lawyers have the right to examine contracts, to advise employees so that they have an idea of the measures that bring them before the courts. Sometimes, they also serve as intermediaries between the employee and the employer in order to represent them in legal proceedings during civil, tax, or criminal procedures (various harassment).

Labor lawyers ensure that there is no distance between the employer and the employee and handle procedural issues that require collective negotiation. Consequently, lawyers directly attached to the company offer preventive legal services.

This will allow them to advise employers on compliance with workplace policies and procedures. These procedures must comply with labor law. This aims to reduce disputes and various legal proceedings. In fact, a lawyer specializing in labor law must be able to defend employers before labor relations commissions and before the courts.

A lawyer specializing in labor law must possess several skills that allow them to excel in their field. Indeed, they must be proficient in writing, research, and communication. There are also their personal management and advisory skills to guide their clients so they can meet case processing deadlines. Finally, they must be meticulous, inventive, persistent, flexible, and responsible.

Labor law lawyer: when should you call on one?

The specialized lawyer works mainly in litigation, and is notably called upon for consultations, drafting all types of documents and contracts. The specialized lawyer is also consulted when advice is needed.

In litigation matters, the labor law lawyer is called upon in case of disputes between employers and employees. Here are practical cases where an active lawyer is indispensable:

• In case of dismissal: a labor law specialist lawyer will be the employee’s best ally and will represent them in case of non-conventional dismissal. The lawyer is able to handle dismissals, whatever their type: for misconduct, unfair dismissal, etc…
• In case of contractual termination: this is an extrajudicial decision in accordance with the employment contract. In such cases, the labor lawyer advises the employer or the employee depending on who requested their help.
• Salary issues: the lawyer represents one of the two parties or acts as an advisor when it comes to advising on salary matters.
• There is also workplace discrimination, whatever its type and the way it presents itself.
• It is also necessary to call on a labor lawyer in cases of harassment, whether physical or moral.
• Finally, you should call on a labor lawyer for organizational and paperwork issues: working hours, shift work, authorizations, … There are also work accidents, litigation, etc.

In case of contentious disputes, the lawyer must protect the client before a labor tribunal or prior to a trial.

When should I hire a labor lawyer if I am the employee?

In the case where the owners commit illegal actions that harm employees, you may decide to call on a specialized lawyer. Here are the situations in which hiring a labor lawyer should be useful:

• You have been a victim of harassment, discrimination of any kind, or vendettas.
• You have been unfairly or illegally dismissed.
• Your boss did not comply with labor law and subjected you to any kind of mistreatment.
• Your employer did not grant the benefits to which you are entitled under your employment contract.

In this specific case, call on a specialized labor lawyer and do not delay. If you hesitate to make contact, it will prevent you from proving the illegal behavior committed by your boss. Moreover, you will not be able to recover damages.

When should I call on a labor lawyer if I am the employer?

If you are the employer, you can call on a labor law attorney to help you resolve your employment-related issues. Many lawyers aim to inform employers about current labor laws and ensure compliance with these laws within the company.

Here are the different cases where you should call on a labor lawyer

• You need representation for collective bargaining.
• An employee has filed a complaint against you for discrimination or harassment.
• When an employee has taken legal action against you for an employment-related matter.
• You plan to lay off or dismiss a large number of employees, terminate a social benefit, or change the current retirement plan you offer.

If a labor lawyer has experience, they will more easily help you resolve your legal problems, beyond disputes between employers and employees. A lawyer specializing in labor law will also assist you with reviewing and preparing contracts and agreements you use with your employees. These agreements include employment contracts, severance pay, or releases.

Labor law lawyer, paid or free: what is the difference?

The lawyer is free to set their fees and prices vary depending on the lawyer. They have the right to set their fees by the hour or a flat rate, with or without an obligation of result.

A paid lawyer determines their fees based on the situation, the dispute to be resolved, and the legal procedures to follow. The paid lawyer handles the case from its beginning until the conclusion of the trial.

A free lawyer, on the other hand, offers free advice, indicates the procedures to follow and the necessary paperwork, and rarely intervenes in trials. A free lawyer is generally paid by the union, an employment aid organization, or an entity affiliated with society.

How to consult a labor law lawyer for free?

To call on a lawyer for free, you must look at the offers from specialized organizations or institutions. Sometimes, work insurance offers free instructions from a specialist. Nowadays, it is no longer difficult to call on a free lawyer thanks to the many organizations available today.

In our case, we have already faced a complicated situation in which we resorted to a specialist. If you are currently in such a case, call on a labor lawyer to protect you, defend you, or enforce the law to assert your rights.

The problem, however, is that not everyone will benefit from procedural aid or subscribe to legal assistance. Know that, rarely, lawyers will work for you for free. However, you may benefit from aids to offset the fees you must pay. There are also possibilities to have consultations during trials or at the town hall.

There are no public interest or “pro bono” lawyers in France who will offer free legal advice. However, know that it is possible to benefit from free advice through some procedures to help you pay your lawyer’s fees. Here are a few:

Legal aid

This is aid granted by the State, it allows asserting the employee’s rights, even if they have a low income. However, the lawyer is not entirely free, but it will depend on the support of legal aid. Therefore, the costs will be partially or fully covered. The aid is granted to the employee subject to 3 conditions:

• Resources below a predefined ceiling
• Judicial procedures that are unfounded or legally inadmissible.
• The employee does not have legal protection insurance.

To apply for legal aid, do so before your procedure. To do this, simply download a form from the public service website (service-public.fr). The form is also available at the town hall and the court. However, those who benefit from legal aid have the right to choose their specialist and to change them even during the procedure.

Access to law assistance

This is a public offer that informs each employee of their rights but also their obligations. These types of aids allow everyone to benefit from support in places such as the courthouse, justice houses, and departmental centers (CIDFF, CDAD). Go there and obtain:

• Information for employees and referrals to experienced organizations.
• Help with completing procedures to assert one’s rights, such as compensation, preparing a file.
• Assistance with administrative procedures provided by professionals.
• Finally, there are legal consultations provided by assistance composed of lawyers, which involves help with drafting and concluding legal acts.

Access to law points (PAD)

PADs are necessary to benefit from free access to legal information or free consultations related to labor law. PADs are places to access this information. In these places, you will be connected with legal professionals so they can advise you on your rights on various topics: work, social, family, foreigners…

Free consultations in town halls and courts

What you need to do is contact the local advisors or the Bar representative present on site. They will tell you where to find a free lawyer for a consultation. Sometimes, you can consult lawyers for free in places like the town hall or the court.

In this type of case, the consultation is subject to a number of conditions: the beneficiary must be eligible for legal aid. After making an appointment, all that remains is to see if your appointment is confirmed. There is also what is called the “solidarity bus” created by the Paris Bar which travels around the capital to offer free advice and visits throughout the year.

Legal protection provided by your insurance

You can also benefit from a contract stating that you are legally protected. This contract is concluded with an insurance company and guarantees several options such as insurance against work accidents, …

The problem with legal protection or assistance is that it is limited. It is confined to the scope stipulated in the contract and cannot be used for other purposes. For example, if it is insurance against workplace accidents, it will not cover compensation or dismissal. Also note that legal protection is paid but could increase the insurance premium.

Labor law lawyer: What happens if I lose my case?

Clients often face the problem of losing a case which, besides being depressing, causes financial problems for each party. Labor law lawyers may have a payment policy conditioned on the loss or win of the ongoing case. Therefore, if the client loses the case, the lawyer will also lose their fees or administrative expenses. We have subdivided the cases into two types:

Hourly billed fees

In the case of these fees, if you lose your case, you will still be obliged to pay the fee charges and legal costs to the court, the lawyer, and the other party. There are some labor lawyers who at least agree to delay billing until the outcome of the trial but they will still demand their due, regardless of the outcome of the case.

Conditional fee billing

Conditional fees always benefit the client because they exclude them from the responsibility to pay in case the labor lawyer loses against the opposing party. There is a procedure where lawyers allow clients not to pay the initial refundable fees but proceed with staggered billing.

In general, conditional fees are based on the principle that if the case is lost, the client is no longer obliged to pay legal fees. However, this is not an absolute obligation as the client may be required to reimburse file preparation costs such as administrative fees and photocopies.

It is therefore important to choose a good labor law lawyer