The paying labour of law
Gauri Chhabra
In May 2016, the Finance Minister Arun Jaitley said the government will pursue amendment of Labour Laws after unanimity. This amendment pertained to minimum wages. Of late, Labour Law has sprung into prominence due to the rapid globalisation and liberalisation. It is likely to gain further momentum as more lawyers would be required to handle cases arising out of the relationship between employers and employees and its compliance strategies for organisations in India.
What is Labour law?
Labour law is most commonly concerned with relations among unionised employees, their unions, and their employers. It is technically distinct from employment law, which more broadly governs legal matters in the workplace like health and safety, regulation of benefit plans, discrimination. In practice, however, the two areas overlap considerably. Labour laws grant employees in certain sectors the right to unionise and allow employers and employees to engage in certain workplace-related practices in order to further their demands for changes in the employer-employee relationship. Labour lawyers provide legal counsel on employment and labour relations. They may represent individual employees, labour unions, or employers in the private or public sector.
Getting in
If you desire to become an advocate and practice law as a profession in India, you should have obtained basic law degree.
You should get yourself enrolled with the State Central Bar Council as per provisions contained in the Advocates Act, 1961. Besides, you are also required to qualify in the entry test recently introduced by Bar Council of India failing which no one shall be enrolled as an advocate. An application for admission as an advocate shall be made in the prescribed form to the State Bar Council within whose jurisdiction the applicant proposes to practice.
Once you join the Bar, you can begin practicing law.
Where to work
Labour law positions exist at law firms, corporate legal departments, non-profit advocacy groups, Labour organisations, and union, state, and local government agencies.
Labour lawyers may work on collective bargaining agreements, employee grievances, and arbitration of Labour disputes, or they may advise clients on their regulatory obligations, among other areas. They may also delve into related areas of employment law concerning discrimination, workers’ compensation, pension and benefit plans or health and safety.
— The writer is a Punjab-based career consultant
Here are some pathways you can get into:
Litigation
Litigation often constitutes a significant component of public interest Labour and employment practice. A litigating attorney’s responsibilities can range from complex research to arguing before judges in trial and appellate courts to drafting pleadings, briefs, and motions. In-house union lawyers typically outsource their actual litigation to labour law firm lawyers. Many attorneys who practice Labour law represent unions as a whole, as opposed to their individual members, in court proceedings. However, Labour lawyers often represent union members before The percentage of an attorney's practice that is devoted to litigation will depend on his or her case load at any given time and the level of resources at his or her disposal. You may advise clients in the field of:
Counseling and Compliance
Labour and employment lawyers assist their clients in developing policies and procedures to ensure compliance with these laws, including those governing workplace safety and health, union activity, equal employment opportunity, family and medical leave, and layoffs.
oEmployment Disputes: Employment litigation attorneys represent clients in state and union courts in actions involving discrimination, wrongful discharge, wage-hour violations, family and medical leave, and other employment-related claims.
Alternative dispute resolution (Arbitration, negotiation and mediation)
Mediation, negotiation, and arbitration are another set of Labour and employment practices. While the roles that attorneys play in alternate dispute resolution may vary, most of the work is centered on issues arising under contracts between employees and their employers. In Labour law, alternative dispute resolution often involves arbitration between unions and employers, specifically in contract cases related to breach of the collective bargaining agreement.
Arbitration is a legal procedure for the resolution of disputes outside of the court system, although the skills needed for arbitration and the process itself are quite similar to litigation. Under arbitration, the parties agree to refer a dispute to one or more independent persons by whose decision they agree to be bound.
Labour Relations
Labour lawyers assist either management or Labour union clients in all aspects of collective bargaining agreements, provide advice and counsel in all stages of the grievance and arbitration processes, advise in contract administration issues, and provide counsel on strikes and work stoppages.
Recruitment and Compensation
As a valued member of the employment law team you will advise corporations and private companies on a mix of employment law matters which may include Employment contracts and associated breaches; Termination of employment issues; unfair dismissal claims; litigated actions against former employees and industrial disputes; advice to boards and executive level management regarding compliance and risk management; and appearance work before courts.
The road ahead
With the growth of atypical work, and the increasing participation of women in the Labour market, has raised the question of discrimination and equality at work. Other issues also arise, like combination between personal life and professional life, arise. These questions will presumably continue to gain importance. This will call for increase in the need for lawyers who can advise and ease out matters pertaining to the security and stability of people at their workplaces.
Multinational firms
Multinational firms employ international employment lawyers who have an understanding of the international landscape. As an International Employment Lawyer, you’ll provide specialist employment law advice to key stakeholders, manage external counsel effectively and manage material employment law risks. You’ll have a particular focus on international employment law of the countries where the MNC has its branches.
You’ll need to manage and advise on material employment law risks, issues and disputes; review and draft key employment documents, including contracts and policies. You’ll also advise on senior employee hires, exits, compensation and benefits, including related regulatory risks; manage the quality and costs of external counsel in line with internal controls and provide appropriate training and risk reporting to mitigate material legal risks.
Role and responsibilities
A Labour law attorney is a lawyer who represents employers or employees in legal disputes, generally over the terms and conditions of employment. A Labour law attorney can be in private practice or work for a law firm, but some attorneys work directly for employers or for Labour unions. While these attorneys are useful in situations where employers and their employees are arguing a case before a judge, most aren’t involved in litigation. Instead, they specialise in consultation and negotiations intended to avoid litigation. When an employer opens a new facility, for example, consultation with an attorney will be a routine part of the planning process.
Labour lawyers provide legal counsel on employment and Labour relations. They may represent individual employees, labour unions, or employers in the private or public sector.
Labour law attorneys become prime resources when an employer is the target of a union organising a campaign. A company that in such a situation, and wants to fight the union, should first exercise due diligence and learn what actions it may and may not take under the law.
Many employers take union organising efforts personally, and their response is often emotional. A good attorney will counsel against capricious actions and keep the employer from taking steps that would violate the employees’ rights or poison the employment relationship.
