Labour disputes – that is, disputes that may arise between an employee and an employer over certain aspects of their relationship, when it is alleged that rights or expectations protected by law and/or collective bargaining have been infringed – are increasingly on the rise in our country. For over 30 years, the Pelosi Law Firm – present in various Italian provinces such as, for example, Venice, Latina, Cagliari, Sassari, Naples, Rome, Caserta, and Salerno – has been assisting its clients with professionalism and experience in all labour disputes, choosing the most effective strategy that the concrete case offers.
Nowadays one often hears talk of the labour lawyer. Lawyer Pelosi would like to explain who this important professional figure is and what he does?
The labour lawyer is a professional who has gained specific training in labour law, where labour law means the set of legal (imperative, binding and mandatory) and contractual rules that govern labour relations and more specifically subordinate labour relations, since historically, in this type of work there is a significant disparity between the parties, which determines the need to protect the weaker party, the worker, given the involvement not only of his physical person, but also of his moral personality, freedom and dignity. The purpose of labour law is, therefore, to regulate the legal relationship between the employer and the worker, mitigating the most deleterious effects of subordination. It is therefore obvious and self-evident that anyone who has a problem relating to their employment relationship can request advice and possible defence in the appropriate fora.
What advice is most in demand today?
For more than 30 years I have been personally involved in the assistance and defence of workers, the weakest party in the employment contract; this is a choice of field dictated by a precise social responsibility. The most requested consultations are those related to pay differences resulting from an incorrect assignment of the correct contractual level as provided for by the CCNL of the category. Superior duties performed and not recognised in the pay envelope; additional work and/or overtime performed and not paid; abuse of the use of disciplinary power by the employer, are situations that do not respect constitutionally protected rights and therefore require accurate and qualified advice from the labour lawyer. In fact, Article 36 of the Constitution establishes the principle that every worker has the right to remuneration that is proportionate to the quantity and quality of his or her work and in any case sufficient to ensure a free and dignified existence for him or herself and his or her family. Often, however, employers pay workers a wage that violates this principle. And it is in these cases that my law firm intervenes, offering its clients qualified and in-depth advice, assessing the merits of the workers’ claims and favouring as much as possible a mediation between the parties, an out-of-court solution. Only if this does not happen will we consider whether to pursue legal action. Allow me to close this chat by pointing out the most trivial mistake that employers make today: it is the lack of human gratification, which should instead be a priority in every work context!
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