Md. Saleh Akram :
It is the general duty of a person to be aware of his rights and to take recourse to law if necessary to enforce his rights. In today’s complex world, it is one’s responsibility to know and understand the employer’s obligations as an employer and to know and understand one’s rights and responsibilities as an employee, which is also essential for the smooth running of a business operation. No matter how complex and multifaceted a country’s employment laws are, there will always be workplace issues that need to be resolved amicably. Any individual associated with organisations be it workers or employers are faced in today’s dynamic and ever-changing employment market faces a variety of challenging legal concerns ranging from their conditions of employment, employment contracts, workplace discrimination, pay disputes and varieties of legal complexities including wrongful termination.
In the complex world of employment law, expert advice is essential on everything from how employees can ensure their rights are protected against employers, to how businesses can navigate the maze of legal requirements without falling foul of the law. This is where employment law experts who are well versed in employment law, try to create better relationship between employer and workers by providing solutions to employment related issues, thereby maintaining peace and order in the organisation with one objective being to maximise production level by utilising working hours.
A workplace legal expert can easily be answered as a legal professional with specialised knowledge and experience in labour and employment law. Their role extends to advising, representing and supporting both employers and employees, ensuring compliance with employment regulations. These legal experts are well-versed in the nuances of workplace dynamics, and they provide the necessary guidance to navigate complex issues by interpreting employment law.
Workplace legal experts are skilled professionals who deal with the rights and responsibilities of both employees and employers with utmost professionalism but their profession does not stop at being knowledgeable in labour law, beyond that they advise and represent both employers and employees on employment-related issues and some of these issues include wrongful termination cases and all types of workplace disputes. These legal experts ensure that both employees and employers comply with the laws enacted by the organisation and their terms and conditions of employment, including labour laws at all levels of their work. They offer their services in mediation, negotiation techniques and litigation for organisations as well as providing all types of legal support to organisations. Workplace legal experts protect the rights and interests of all parties involved in employment, play an important role in maintaining balance and justice in the workplace, but their role is often unrecognised and misunderstood. The contribution of legal experts at workplace, their important works in protecting the rights of employees and promoting fair treatment at workplace are discussed below:
In an establishment, legal experts work for organisations. In addition to protecting the rights of employees and employers, employment contracts are drafted, reviewed and discussed. Ensuring contracts are legal and in some cases, drafting contracts for clients to protect their clients’ interests. It is the job of a workplace legal expert to prevent potential misunderstandings and disputes over contracts between employers and employees. Most employees and employers find it difficult to comply with the laws and regulations that protect their practices. They often do not know their rights and responsibilities. This is where these legal experts show their professionalism. They ensure the validity of contracts, including necessary terms such as compensation, benefits, job responsibilities, non-competition clauses and confidentiality agreements.
Discrimination in the workplace remains a significant concern even though the issue dates back a long time. Employees can complain of discrimination in the workplace in various ways and in this case legal experts play an important role for equality and justice. According to the Constitution of Bangladesh, people of all professions, ages and races are entitled to the protection of law. They are dedicated to maintaining safeguard to workers from unreasonable treatment without discrimination in the light of elements like religion, sex, incapacity or sexual direction. When a worker is discriminated against, a legal expert can guide him through the process of filing a complaint and seeking appropriate redress. They advise people in the workplace about the laws that govern them and help them consider what their responsibilities and rights are. This helps create a more productive and compliant workplace. Legal experts who deal with labour law are sometimes hired by companies to train employers. All employees should be treated fairly and equally in the workplace, however, unfair treatment such as harassment and discrimination sometimes occurs. When such a case arises, employment lawyers are best suited to deal with such issues.
Wage discrepancies, unpaid overtime or violations of minimum wage laws, unpaid or incomplete wages, and wage and hour disputes are very common industrial disputes and all violate their rights as workers in their establishments. Legal expert is adept at evaluating situations involving complex wage and hour laws and ensuring that employees receive fair compensation for their work, reducing the risk of costly litigation. There are instances in the workplace where an employee has been wrongfully dismissed or how to legally terminate the role of a legal expert at the workplace becomes immense as it investigates the issue and advises on how to resolve it in light of the provisions of the law. They help employers through the process by minimising risk. These experts work to ensure that the termination is fair and does not go against law or appointment letter. They also represent their clients in court if the case requires it. These experts have unique responsibilities and roles to ensure that people comply with labour laws in the workplace. They act always in the best interest of those available at work.
It is recognised throughout the world that the advantages of alternative dispute resolution are always greater than the advantages of settlement through courts. The labour law of Bangladesh also states that in cases where alternative dispute resolution is not possible, a case can be filed in the labour court. In cases where disputes cannot be resolved through negotiation, employment lawyers are prepared to represent their clients in conciliation or litigation. This helps reduce costs and work disruptions.
The world of business and labour is constantly changing and evolving, similarly workplace related laws are changing and in some cases organizations are governed by creating their own internal service rules even though these service rules are based on existing State laws. Legal experts should be regularly updated about the law. Lawyers for employers help businesses comply with various laws and regulations at all levels of government. They assist in drafting policies, company handbooks, and employment contracts to conform to the latest legislation.
Legal experts act as workplace allies for both employers and employees, providing advice on necessary legal issues to help build a fair and equitable workplace. Apart from dealing with workplace discrimination or resolving wage disputes through their extensive knowledge of employment law, these legal professionals play an essential role in protecting the rights and interests of all parties involved and their skills protect both employees and employers from legal issues to make the workplace a fair and equitable. As a result, all public and private institutions should have a separate wing of legal experts to help prevent any problems before they arise in the institution. Because everyone wants to avoid trouble and legal experts can protect someone from any trouble through law.
(The writer is Assistant Professor, Department of Law and Human Rights, University of Asia Pacific).