Fulfilling Your Legal Obligations to Your Employees

iStock_000015737994Small-300x300In practically everything we do, there’s perhaps a law that governs it. Even though in democratic countries, there’s freedom of expression, people can’t just say anything they want. Indeed, no there’s no freedom that’s absolute. Despite the belief of some that their freedom is curtailed by certain laws, laws are there to maintain order. Without them, there’d be anarchy and chaos.

If you own a company, whether it’s big, medium or small, you have certain obligations as an employer. Failure to fulfill these obligations can result to your employees filing cases against you. Needless to say, you don’t want this thing happening as it can adversely impact your business. Since you’re running a company and you have your hands full, you may not have the time to take care of certain legal matters in your company that concern your obligations to your employees.

So you can focus on your core business, you can just get the services of a lawyer or a law firm to ensure that your company fulfills its obligations to its workforce.

Employment Benefits 101

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There are a lot of questions that fresh graduates might ask when it comes to landing their first job, a real job that offers employment benefits. Most of the questions would arise from the standard “My company gave me X number of vacation leave. Is this the legal amount?” to the most complex ones like “My company wanted to give me a house but the payment scheme is complicated. Is this even possible?”. It all varies from one company to another. Some companies are willing to provide shelter for their employees given a fixed period of time after joining the company and the payment schemes are not that complicated.

My general advice for fresh graduates is to ensure that the following are given to you on your employment: insurance, leave options and availability (maternal, vacation, sick, paternal, and so on), and other standard employment benefits. These shouldn’t be missing from your contract, even if you’re just on a probationary status. You should also check the clause or paragraph for salary increases in case you feel like you’ve been working for the same pay grade for a good number of years. If you want, you can get your contract checked by your lawyers before signing them.

“You have the right to claim for workers’ compensation benefits for any work-related injuries you sustained.” – Mike Ericson –

Employees without Contracts – A Violation of Rights

Employees are so quick and eager to land a job to the point that they don’t even care if they sign a contract or anything. When something happens to them, they cannot go to the company for help because they never signed documents that indicated that the company is obligated to help them or that they’re even part of the company at all. This is something that employment lawyers like us handle on a timely basis. Sometimes, there are cases wherein a company hires a lot of people in one go and they forget to give out the important documentation like contracts because it takes too much work and money to get them notarized.

As a lawyer, I would encourage all employees to get something signed like a contract to validate their employment and make it official. If there are no contracts present, walk away from the company. Trust me, nothing good will ever come out of your contract-less employment in that company. Your rights and your future are not going to be secured in that company if you don’t sign anything. This is also very important if you’re going to be working in high risk environments like a construction site. If you feel like the company is not doing something about the contracts, you can come talk to us.

Understanding Workers Compensation Discrimination and Retaliation

iStock_000005426694_Large1-700x300One of the risks of being an employee is getting injured while in the line of work. Regardless if you are on a temporary or permanent, or you work either full-time or part-time, you have the right to claim for workers’ compensation benefits for any work-related injuries you sustained. However, if you have been discriminated against because you are filing such a claim or receiving benefits from it, then you must exercise your employee rights in order for your employer to be held accountable for its actions or inactions.

Employer discrimination and retaliation

If you are an