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Employment and Labour Law

Top 10 Essential Things People Ask Employment Lawyers

How does it feel when you suddenly get to know that your post doesn’t exist at all? Or on a fine morning, you get to know that you are getting a sudden salary cut? The first thing comes at your mind is whether you have any right at your office. To know how to deal such things in life, here are 10 questions you should ask while appointing an employment law lawyer.

  1. Can I be Transferred without My Consent?

You can’t be transferred unless you have signed a contract with your lawyers and allow them to do so. Any unauthorized transfer can go in favor of you and you can take the legal step. But, you should also remember that a unilateral transfer for a comparable position is usually accepted.

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  1. Can my employer cancel or modify my insurance policy or pension benefits?

No, an employer can never cancel or modify these things unless you get the prior notice about the mention of such rights of your employers on the Employee Handbook or on the employment law contract of yours that you have signed with your company.

  1. What step to take if my manager harasses me?

There are human rights legislation and the recent health and safety amendments which will play on your side if your employer harasses you. You can also get the law on your side if the harassment comes from your clients, managers or from your co-workers as well. What you need to do is to file a written document to the supervisor desk and then place complain at the HR desk.

  1. Can I get overtime if I am paid an annual salary?

If you are paid hourly or get an annual salary, you can get overtime pay on the regular rate for each hour of work. You will get the overtime for excess 44 hours every week.

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  1. How many letters will I get before I am fired?

There is no number of verbal or written warnings before firing you. But, if your performance is constantly going poor, you can be terminated without any notice.

  1. Can I get fired for not matching my targets?

Yes, you can. But, the progressive discipline is required initially in regards to the terms of the employment law contracts.

  1. Can I be fired if I’m sick for long period?

If you are on leave for a long period than mentioned, you can be fired. But, before that, the employer will take your condition at your consideration.

  1. Will my employer return my post after returning from maternity or paternal leave?

You can be reestablished to the position that you held presently if the post exists.

  1. How to use legal rights if I am fired without any cause?

It is subjected to the terms of employment law contract and you are given statutory notice.

10. Can I compete with my employer once I resign from the post?

Usually, the Court never tends to enforce non-competition agreements if it is not in the context of the sale of a business where the seller keeps on working with the buyer.

So, once you get answers to these questions, you can secure your employment law post more effectively.