Employment law

Employment related legal services

Your ASIA labour law advisor is only a phone call away, and is ready to guide you in all questions and difficulties that arise in relations with your employer.

Legal issues related to employment and service relationships, such as:

  • making and interpreting an employment contract
  • the impact of collective agreements
  • grounds for terminating employment and investigating whether they are lawful
  • non-disclosure and restraint of trade clauses
  • reimbursement of travelling expenses
  • annual holiday and working time questions
  • study leave and job alternation leave
  • guidance when leaving to work abroad

Along with wide counseling over the phone, our employment legal services for ASIA members also include going through documents, preparing statement of claims as well as participating in conciliation negotiations. On a case-by-case base, our lawyers at ASIA will assess and determine the needed and reasonable procedures and schedule.

Lawyers serve members of the ASIA free of charge on weekdays from 8.30 am to 12 noon without an appointment. You can find our contact information here.

Guides and instructions

 

Dismissal and other disputes with an employer

Employees who have been fired often need advice from a qualified lawyer - urgently. A lawyer who is well versed in employment questions will be able to determine whether a dismissal is justified, either on grounds of redundancy or because of employee misconduct.

Members of ASIA can turn to their union for help in negotiating. When necessary a lawyer from ASIA will negotiate with a representative of the employer or the employer's federation with a view to reaching some amicable settlement.

Are you a new member?

Concerning dispute cases, all our legal services include going through documents, requests for clarification, statement of claims and conciliation negotiations. This requires that the dispute has arisen during the membership. Please note, that members joining ASIA from other unions are entitled to use our legal services instantly. You are entitled to get legal advice from the first day of the membership.

Need something else than advices? Become ASIA member today and take advantage of all our legal services for dispute cases as soon as there is a need for that.  

Read more about becoming a member at ASIA >>

 

Legal proceedings

If negotiations are inconclusive, then you may claim compensation for the costs of any legal proceedings that are required for settling an employment dispute from the union's liability and legal aid insurance scheme. To be eligible for compensation, the claimant must have been a member of ASIA for at least six months when the insured accident occurred or the civil dispute arose. If union membership has continued for less than two years, then the underlying grounds for any civil or criminal action must also have arisen during the membership period. These waiting periods do not apply when membership has been transferred to ASIA directly from another trade union. Be sure to contact ASIA if any dispute occurs. Further details of insurance claims are shown on the members' website.

You can apply legal aid from ASIA and if it is granted:

  • Our own lawyers handle litigation in employment disputes completely free of charge for members. Members’ own legal costs are not subject to any deductible or maximum amount.
  •  ASIA pays the direct costs of the proceedings and witness fees, without any deductible.
  • In the event of loss, ASIA will also reimburse those other party´s costs that the court orders the member to pay, in all instances in excess of the deductible, up to the maximum amount. The deductible is 15 % and the maximum amount is €17 000 per dispute.

To qualify for free legal aid, you must have been a member for at least six months before the event giving rise to the dispute. However, members can call our counselling as from the first day of their membership.

Employment contract

A written employment contract specifies many things that might seem obvious to the parties, but the document should always be prepared with care and shown to a ASIA legal advisor for checking where necessary.

ASIA's Legal Service for members