Employment law lawyer

What is criminal employment law?

Criminal labour law is a special branch of criminal law that deals specifically with offences relating to collective or individual labour relations.

It is a field in which there are a number of sources, in particular the Criminal Code and the Labour Code. In fact, criminal labour law stands out as a tool for deterring those who wish to infringe the rules laid down in the Labour Code.

Criminal employment law raises a key question: who is responsible? In the employment context, it is essential to determine who is responsible for the offence committed, whether it is the legal entity, the manager or the subordinate. It should also be borne in mind that cumulative liability is entirely possible and is allowed by law in certain cases.

When should you call on the services of a lawyer specialising in criminal employment law?

The role of a lawyer specialising in criminal employment law is to ensure compliance with the rules that apply to both the employer and the employee in the context of an employment relationship. In fact, criminal employment law provides a framework for all the measures that are mandatory in the workplace in order to avoid any abuses that could result in a breach of the employer’s safety obligation towards the employee.

In the employer/employee relationship, compliance with the employment contract is paramount, and neither the employer nor the employee is in a position to derogate from its obligations. The raison d’être of the employment contract is to protect each party so that the employment relationship runs smoothly.

Criminal labour law covers offences relating to individual and collective labour relations.

Offences relating to individual employment relationships :

• Accidents at work
• Moral and sexual harassment in the workplace
• Discrimination in the workplace
• Labour exploitation offences
• concealed work

These offences directly concern the relationship between an employee and his employer from the moment the employment contract is signed.

Offences relating to collective labour relations :

• Obstructing trade union rights, staff representatives, works councils, etc.

Unlike offences relating to individual relations, offences relating to collective relations are part of a larger-scale approach. They involve disputes between staff representation bodies, union representatives and employer representatives or the employer himself.

Are you affected by one of the offences listed above? Goldwin can defend your interests in criminal employment law proceedings brought against you or on your initiative.