Should one be represented or assisted by a lawyer before the labor board?

Verified 06 April 2023 - Legal and Administrative Information Directorate (Prime Minister)

The Labor Council (CPH) settles individual disputes between employer and employee arising in connection with any employment contract. The parties are summoned by the HPC to a hearing. Is the presence of a lawyer mandatory before the labor council? Can the employee or employer be alone? Can they be assisted or represented? Who can assist or represent them? We'll give you the information you need to remember.

No, the presence of a lawyer before the labor board is not mandatory.

Yes, the employee may be assisted or represented. He may also decide to defend himself alone.

Persons entitled to assist or represent the employee are:

  • Employee or employer belonging to the same industry
  • Trade Union Advocate
  • Person with whom the employee lives as a couple (or a legal representative for a minor)
  • Lawyer

The representative must provide a written document enabling him to intervene on behalf of and on behalf of the employee during the labor proceedings. This writing is called special power.

Before the Conciliation and Guidance Office, this written statement shall authorize the Conciliation and Guidance Office to reconcile on behalf of and on behalf of the principal.

If it's a lawyer representing the employee, he doesn't need that power.

FYI  

minors who cannot be assisted by their father, mother or guardian may be authorized by the labor council to defend itself alone.

Yes, the employer can be assisted or represented. He may also decide to defend himself alone.

Persons entitled to assist or represent the employer are:

  • Employee or employer belonging to the same industry
  • Trade Union Advocate
  • Person with whom the employer lives as a couple (or a legal representative if you are a minor)
  • Lawyer
  • Member of the company or establishment authorisation holder or authorized to do so.

The representative must produce a written document enabling him to intervene on behalf of and on behalf of the employer during the labor proceedings. This writing is called special power.

Before the Conciliation and Guidance Office, this written statement shall authorize the Conciliation and Guidance Office to reconcile on behalf of and on behalf of the principal.

If it's a lawyer representing the employer, he doesn't need that power.