Radostina Yaneva – a labor law attorney and mediator in commercial and labor disputes, as well as team disputes, answers our questions about the

conflicts between employers and employees

NC: Can we categorize the most common types of conflicts?

Attorney Yaneva: Conflict occurs when parties have different viewpoints, different goals, needs or values and compete for resources that are limited or perceived as limited by the parties. Depending on the specific cause, we may have relationship conflict, information conflict, interest conflict, structure conflict, procedure conflict, and value conflict.

Since everything is ultimately about relationships between peoples, including both in the workplace and in business, conflict can arise for any of the reasons listed above. I would say that lack of good communication and clarity about rights and responsibilities is a major cause of conflict. Good communication is additionally hindered by various stereotypes such as the employer is an evil slave owner; no employer tolerates pregnant women and mothers with small children at work; employees are unreliable and may leak commercial and qualified information; stereotypes based on gender, upbringing, values, etc. There are so many myths and legends with which one or both of the parties enters into an employment relationship and all this sometimes leads to the fact that the relationship is in a conflict-generating situation from the very beginning. It is important to know that most of these reasons are completely surmountable, as long as there is a willingness of the parties to work on them.

NC: What are the most common 'pain points' employees share?

Attorney Yaneva: It depends on the current life situation, values, stereotypes, awareness, resource, etc. The employee is in a subordinate role in the context of the employment relationship, and this is by definition. However, this does not mean that he is without rights, on the contrary. It is most often objected to violated rights, toxic environment, lack of support, understanding, respect.

NC: Can the two perspectives – employer and employee – be compared?

Attorney Yaneva: Their points of view are very different, but they also have a common interest, a fact very often forgotten. It is the business that the employer has and for which the worker or employee provides his labor. In this sense, the parties are interconnected - the hiring and payment of workers and employees depends on the development of the employer's business, and the development of the business and its profit depends to a large extent on the employed workers and employees. Therefore, the employer and the worker could be considered as one team, each with its own specific role and tasks. Of course, they are not equal, and the law is quite clear on this point. Each party has its rights and obligations, but both parties have an interest in the business doing well.

NC: What would you advise both parties to help them manage the conflict?

Attorney Yaneva: To strive for better communication, clear rules, criteria and procedures, openness in communication, seeking mutual agreement and understanding, a common vision ahead, compliance with the law. Out-of-court dispute resolution is always preferred and some employers have well-developed procedures and mechanisms to deal with workplace conflicts. An out-of-court conflict can be resolved both by direct negotiations between the parties; with the help of a trained specialist, for example from Human Resources or a manager, to assist in managing and resolving a conflict between colleagues for example; an external specialist as a mediator who, as a neutral third party, helps the parties resolve their dispute in a mutually acceptable manner. Mediation is extremely suitable as a procedure in the context of employment and team relations because it aims, in addition to resolving the dispute, to improve communication, to clarify the needs of each party and how they can be met in such a way that each party to be satisfied. As a last resort, if the disputants fail to reach an out-of-court settlement, it remains to refer their dispute to the competent court.

If you need additional consultation on this topic or other labor law issues, contact us.

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