Labour Law
Noctua Lex Avocats assists employees and employers in all aspects of employment law.
We intervene in cases of unfair dismissal, non-payment of wages, employment contracts, negotiation of working conditions and labour disputes.
Our solicitors analyse each situation, advise on possible legal actions and assist with the procedures to protect the rights and interests of the parties involved.
FAQ on Labour Law and Mobbing
You can claim compensation capped at six months’ salary, except in exceptional cases justifying the payment of additional compensation for moral damages. The solicitor will verify the validity of the dismissal, analyse the documents, calculate any damages and assist you in negotiating an amicable agreement or taking the matter to the competent court.
Moral or sexual harassment violates your personal rights and the employer’s duty to protect its employees. A solicitor can help you identify and document the facts (emails, messages, testimonies, etc.), alert the authorities or employer, and obtain compensation or corrective measures.
In principle, no; certain periods protect employees from dismissal. The solicitor will verify the validity of the notice and advise on the possible courses of action.
If you are unsure about your employee’s sick leave, and if you have reserved the right to ask them to see a medical advisor in the employment contract between you, you can apply this clause. The solicitor will assist and support you in analysing the applicable contract and the steps to be taken.
Unjustified non-payment constitutes a breach of contract. The solicitor will assist you with the formal notice, debt collection and legal action stages to obtain payment quickly.
It all depends on the seriousness of the situation. The solicitor will advise you on how to avoid legal or financial consequences and act safely.
Dismissal with immediate effect remains the exception and will only be justified in cases of just cause. Otherwise, compensation may be payable to the dismissed employee for unjustified dismissal with immediate effect, and the employee would also be entitled to the salary they would have received during their notice period. A solicitor can help you determine whether the situation warrants dismissal with immediate effect.
When your employee fails to show up for work without excuse, such behaviour could constitute abandonment of post, i.e. resignation with immediate effect. However, it is recommended that you issue a formal notice requiring your employee to report to work without delay. A solicitor can help you determine whether a situation can be classified as abandonment of post and the legal consequences that such abandonment would entail.