In many case where an employee or former employee sues his employer in labor court, the employer’s lawyers will try to reach a settlement by offering less than is actually owed, by using scare tactics. They will tell the employee that if the case reaches court they will ask for reimbersement of legal fees, “which will almost certainly be awarded.” This in fact is not necessarily true, but an unknowing employee may be convinced that this is actually an absolute truth and settle for less than he is actually owed because he does not want to end up paying legal fees.
It is imperitive that employees know that the labor courts are usually tend to favor the employees when labor laws are blatantly ignored or disregarded by employers. This is because employees are not required to use the best criminal lawyer to sue and can represent themselves, while the employers almost always have lawyers who defend them. The employee is not familiar with legal protocol either.
This of course does not mean that the court finds in favor of the employee all the time, but if there is reasonable proof of the employees claims, that is usually the case. It is important that before you go ahead with the case, you discuss your situation with reliable lawyers, check out McKain Law official site and get in touch with the expert.
There are a few more things to keep in mind about labor court:
1) Either party can appeal to the National Labor Court and all decisions by the lower court can be reversed.
2) In most cases the court does not award legal fees to either party.
3) The fine for tardy payments by the employer is specifically defined in the law, 10 percent for the first week and 5 percent for each additional week, are not automatic and most employers will not pay the fine unless ordered to do so specifically by the court.
Even in court the employer will try to get out of paying the fine by saying it was a mistake, or it was unintentional.
Moshe Egel-Tal, CSPP
Founder and CEO, Israpay “making payroll simple”
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