How to Interpret Labour Laws As an Employer
Legal interpretation is mostly assumed to be a legal duty to be performed by company lawyers and HR managers. While this could be true, it does not negate the necessity for employers to know how to interpret, understand and apply labour laws for their organizations.
Occasionally, when consulting for companies on labour laws and HR guidelines, we find most proprietors ignorant of how certain regulations affect them in different situations. One thing people need to understand about the law; it could favour you on one occasion and disfavour you on a different one.
When faced with a legal issue, most people tend to freak out and spend a lot on external resources trying to find a solution. Whereas this works for some, it is always essential to understand what is provided for you legally and your obligations towards the issue before engaging a third party. Â
In this article, I share steps to interpret labour regulations as an employer;
1. Read the provision
The Constitution of Kenya 2010 and the relevant Acts of law have been written simply and understandably. Thus, the first step after identifying the issue at hand is to go through the legal documents and identify specific provision therein that speaks towards your issue. Say, for instance, you are facing a legal suit on work safety; the go-to document is the Occupational Health and Safety Act. List down sections that are directly on topic with your case. This will help you build a strong defence or prosecution and help you win through the process.
2. Understand your goals
Secondly, it is important to understand why you need to understand the underlying facts of your legal problem so that you will be able to determine which statutes are relevant to your case. Reading alone is not enough. You need to apply what you have read to the facts in your lawsuit. this ensures that even in the event that you involve a lawyer, you are in control and full understanding of the proceedings.
3. Refer to case law
Finally, try and find other cases that are close or similar to yours and study them. Materials on cases are always published by the judiciary on specific online repositories that anyone can access. Therefore, take time to find similar cases, and study their proceedings and the judgement made. This will help you know how to handle current legal problems and mitigate future ones. Additionally, you can engage an HR consultant with a good understanding of labour and relations laws to guide you through this step.
In conclusion,
Understanding regulatory frameworks that are relevant to your organization can be challenging. However, the above-mentioned steps can guide you through the process and guide you towards understanding them. Further, labour laws training can help you and your team gain an understanding of how to read, interpret and apply them.