Legal advice on labor law
You can often hear from lawyers that labor law is simple, so there is no need to attract external consultants to resolve internal issues of companies, because you can easily manage all problems on your own. But is it? Why then are labor law practitioners one of the most successful in law firms, and Trudovik lawyers never sit idle at any time and under any economic conditions in the state?
Specialists of the Moscow legal center Imperia-Prawa.Ru (read in detail here), based on an analysis of their own legal practice, argue that companies, as a rule, are not able to hire highly qualified employees on all issues. In fact, this is not necessary for daily work. In addition, in some sectors in which the business is “straightforward” (for example, some types of IT services, distribution, etc.), house lawyers are not hired at all, such companies use the services of external consultants on an ad hoc basis.
In addition, in some companies in which the legal department still exists, lawyers do not always deal with labor law, since many work is done by HR specialists. That is why many direct “customers” of legal services in external consultants are not lawyers.
At the same time, in our opinion, whoever deals with legal issues in the company in the company should not underestimate the opportunities and advantages of external consultants in these matters. For this, it is necessary to clearly understand that such consultants can and should be involved in the aspects of labor relations, and also have such consultants in their contacts.
Where will external lawyers be useful to companies?
Of course, it makes no sense to hire external lawyers for any aspects related to labor relations. It is simply not economically feasible. However, we believe that there are some aspects of labor law to which external consultants can and should be involved.
Firstly, the preparation of template documents (the so-called “templates”), which are then constantly used by the company. In this case, external lawyers can develop a certain set of necessary documents (such as an employment contract / contract, certain privacy policies, bonuses, etc.) that will be specific to the respective company, reflect the essence of a particular business and contain clear instructions, may be changed by agreement of the parties, but must necessarily remain in the existing edition. This will allow companies to significantly save time, resources and funds for preparing relevant documents in the future.
Secondly, the employment of foreigners. In this case, external lawyers will be able not only to prepare an employment contract (which will probably contain certain specific conditions for foreigners), but also treat the issue more broadly and provide related services (for example, obtaining a work permit in our country and / or type for accommodation (if required).
Thirdly, the complex layoffs of workers, besides not only the top management of the company. This type of service can include both so-called “non-contentious” and “contentious” cases, that is, when dismissals occur by agreement of the parties or on the initiative of the employer. In the latter case, the experience of external lawyers is especially useful, because it will require an objective assessment of the situation by professionals who have repeatedly encountered such issues and can objectively assess the risks for the client (you must admit that not every day the company needs to release a problematic employee).
How to choose an external consultant?
Different house lawyers have different approaches to choosing their legal advisers on labor law. Some are guided by international and local ratings, others are solely at the cost of legal services, and some are guided by recommendations from colleagues at the house. Of course, there is no universal “recipe” for selection, each of these methods may be appropriate depending on specific circumstances. However, our recommendation in this case: you should not always be guided only by the price, because it may turn out that later correction of errors will need to pay a lot more.
According to experts involved in the work of the Moscow legal center Imperia-Prawa.Ru, an external consultant is a person in whom the house must be 100% sure. To do this, when choosing an external lawyer, it is imperative to communicate with the candidates and “feel” how much they think “commercially” and are ready to share risks with the company. A professional lawyer, if he needs time to analyze, will never provide advice to a client at a meeting immediately after a question has been asked. On the contrary, he himself will raise a large number of questions in order not to miss important points for the case.