Employment law: Which rights are most often confused?

Employment law: what are the most commonly confused rights of employees and employers?

Employment law is one of the most commonly applied and yet one of the most misunderstood areas of law. Both employers and employees often confuse their rights and obligations, and misunderstandings in this area can lead to serious disputes, reputational or financial losses.

In this article, we take a look at the most commonly confused situations, practical tips and what you need to know to avoid mistakes.

Employment contract: not everything that is written is permissible.

The employment contract is the main document setting out the terms of the employment relationship. However, it is a common mistake to assume that if the employee has signed it, everything is valid.

It is important for employers to be aware that some contractual clauses (e.g. no-fault liability, unjustified prohibitions on working elsewhere or unlawful probationary periods) may be invalidated.
It is important for employees to know that once a contract has been signed, the obligations are valid, and that negligence (lateness, unauthorised absence) can have legal consequences.

Dismissal: when is it legal?

Not every termination is unlawful, but the grounds and procedures are often confused. Employers need to comply not only with the validity of the reasons, but also with the formal requirements (warnings, time limits).

The most common problems:

Dismissal on grounds of fault is wrongly based;
Failure to give timely notice of termination;
The treatment of the breach of labour discipline is unjustified.

Employees should be aware that:

They have the right to know the grounds for dismissal in writing,
You can appeal to the Employment Disputes Commission within 1 month of dismissal.

Vacation: Can an employer prevent you from taking vacation?

Every worker has the right to paid annual leave, which the employer is obliged to grant within one working year.

Confusing situations:

Taking leave without the employee's consent (not allowed).
„Forced accumulation“ of leave - when an employer withholds leave for several years (illegal).
A staff member's holiday schedule is changed without valid reasons.

It is useful for the employer to set up the holiday schedule in advance, and for the employee to know his or her rights and to make sure they are not violated.

Additional work: when is consent required?

Employers sometimes require an employee not to work elsewhere, although the right to do so is not absolute. Such a condition must be clearly stated in the contract and based on an objective interest (e.g., non-competition).

Also confusing:

When is it considered additional work at the same workplace (written agreement required);
When do you have to pay for overtime?

Labor disputes: how to resolve them?

Labour disputes can be settled by:

Labour Disputes Commission (free of charge, within 1 month);
The court, if the dispute has not been resolved by the commission.

Most disputes are about:

Liquidated damages or unpaid wages,
Legality of the dismissal,
Unjustified disciplinary action.

Important: It's a good idea to seek legal advice before filing a complaint - a poorly drafted position or missing deadlines can make all the difference in the world.

Conclusion

Both employers and employees have rights and obligations - but confusing them can have serious consequences. Getting timely legal advice can help avoid disputes and ensure smooth working relationships.

Questions about employment law?

Contact Lexida to help you resolve both preventive and current employment law issues.