Most people do not want it, but there are times in a person's, or a company's, life when they have to seek advice from a lawyer. Whether when they're starting a business, ending a marriage, or when they're unable to collect a payment, a lawyer can help them provide advice, guidance, and of course legal services.
When it comes to the issues involving the workplace and industrial relationships, however, an employment or a labor lawyer may be your best resource. Employment lawyers can help you come up with the best solutions for your situation. While some employment lawyers just focus on helping employers or employees, we, at Tampubolon Legal Solutions, feel that working with both sides helps us to have a better understanding of our clients' needs.
Here are the top 10 reasons why you need an employment lawyer:
As an employee:
1. To review that employment contract/job offer
One of the most important processes before an employee joins a company is the signing of the employment contract. The employment contract usually outlines all the benefits that the employee will receive for their service, as well as the conditions which can cause them to be terminated. An employment lawyer can help an employee to review their offer of employment and make sure that what they sign puts them in the best position as they start their new job.
2. To face a workplace issue
Dealing with a workplace issue, either with colleagues or supervisors, can demotivate a person from putting out their best performance. Nowadays, when an employee is faced with a difficult situation at work, the quickest option is to send out a resignation letter. However, an employment lawyer can help them assess the situation (as they’ve likely seen something similar before) and offer suggestions on the simplest possible solutions that will not force an end to the existing employment relationship.
3. To deal with discrimination or harassment in the workplace
Even though there are many laws to avoid discrimination or harassment at work, both are unfortunate realities that still happen regularly in the workplace. When these treatments happen, there are laws in place to protect the employees from such conduct. An employment lawyer can guide an employee through their best options to deal with harassment and/or discrimination.
4. To negotiate a termination
For the longer and more experienced employees, who may be looking for a way out of their role or find a different opportunity elsewhere, there may be an alternative to announce their resignation without rising any unnecessary problems with the company. A lawyer specializing in employment law can help to negotiate an exit from their job.
5. To assist during an employment termination process
Employment termination can be one of the most stressful processes an employee may ever experience. Employment lawyers help ensure employees are treated fairly and receive fair compensation.
As an employer:
1. Review the workplace policies and/or the compliance
In Indonesia, some companies' policies are required under law and must meet certain standards to avoid severe penalties. An employment lawyer can assist a company to check that its internal policies are in compliance with the applicable regulations.
2. Review the employment contract
Employment contracts are significant for the health and continuance of a company's business. A company is advisable to review its employment contract from time to time to confirm that it is up to date with the prevailing regulations.
3. Discipline issues
Continuous discipline in a company can help amend workplace performance issues. An employment lawyer can assist the company to put the right strategies in place to help improve the company's team’s overall performance.
4. There is a change in the business model
A lot of companies endeavor to grow or restructure their business model and may need to make major changes (such as acquisition, merger, etc.). Working with an employment lawyer can help the company to get the best possible options to minimize the impact on the company's employees as the business develops.
From the employer's side, an employment termination in Indonesia can be a long, stressful, and costly process. A termination done poorly can become a financial liability to the company.
To get advice on any of the above issues, please contact Tampubolon Legal Solutions to arrange a consultation with an employment lawyer.