Labour law

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The lawyers and specialists of our Firm work with employers both in the context of advice and litigation before the labour courts throughout France (Labour Courts, Court of Appeal, etc.).

Their activity covers all areas of labour law, both in its individual dimension (employment contracts, hiring, dismissal, etc.) and in its collective dimension (relations with employee representative bodies, collective bargaining, strikes, etc.).

Their main interventions in labour law:

01

    Drafting of employment contracts and related documents

    • Drafting of employment contracts (permanent contracts, fixed-term contracts, secondment contracts, part-time contracts) and sensitive clauses (objectives, annualised days contracts, non-competition, training penalty clause, mobility, etc.).
    • Drafting of ancillary legal documents (delegations of powers, etc.).

    02

      Drafting and legal monitoring of company obligations

      • Internal regulations.
      • Single risk assessment document.
      • IT Charter.
      • Provisions specific to the GDPR.
      • Mandatory postings.

      03

        Assistance to companies in managing the life of the contract

          • Treatment of absences such as sickness, accidents, paid leave and, more generally, any other reason for absence, both as regards the impact on the life of the contract and on remuneration and the information and elements to be included on pay slips.
          • Assistance to employers in disciplinary law (sanctions such as warnings, layoffs, demotion, etc.).
          • Decision support in the area of contract changes (adjustment of working conditions, modification of an essential element).

           

        04

          Assistance to companies in managing the termination of the contract

          • Assistance in the preparation, drafting of letters and implementation of dismissal procedures (real and serious cause, serious or gross misconduct, incapacity, etc.).
          • Implementation of agreed termination procedures and, where necessary, assistance in the performance of filing formalities.
          • Treatment of voluntary departures or retirements.
          • Management of sensitive cases, such as acknowledgements of contract termination and requests for judicial termination in liaison with the firm’s litigation department.
          • Verification of full and final payments, calculation of the various indemnities.
          • Management of the special clauses activated at the time of the termination (non-competition, training penalty clause, etc.).

          05

            Assisting companies in the area of employee savings schemes

            • Implementation of the legal or conventional profit-sharing scheme.
            • Assistance in the negotiation and implementation of profit-sharing agreements.
            • Assistance in determining investment supports (PEE, PERCO, PERE, etc.).

            06

              Assistance to companies in managing changes in their legal situation

              • Assistance in legal operations (sales, buy-outs, partial sales, lease management, total asset transfer, merger, etc.) leading to the transfer of employment contracts.
              • Management of the consequences on employment contracts (change of geographical location, change of job classification, etc.).
              • Assistance in determining the treatment of effects on collective status (change of collective agreement, treatment of social benefits, etc.).
              • Negotiation of adaptation and substitution agreements.
              • Management of the special case of transferred practices.
              • Fate of employee representative bodies.

              07

                Assistance to companies in managing the implementation and in relations with elected or designated employee representative bodies

                • Organisation of professional elections (Social and Economic Committee (SEC), Health, Safety and Working Conditions Committee, Works Council), assistance in the negotiation of the electoral protocol and management of electoral disputes.
                • Assistance with the functioning of the SEC (preparation of meeting agendas, identification of participants and external participants, etc.).
                • Assistance in determining the attributions of employee representative bodies and the recurring or one-off obligations that must give rise to information and consultation, information to the Economic and Social Database, etc.).
                • Assistance in defining the resources allocated to the SEC and their monitoring (credit for delegation hours, freedom of movement, premises, notice boards).
                • Assistance in determining the sums allocated to the operating and social and cultural activities budgets.Appointment of union representatives, trade union branch representatives, local representatives, union representatives on the Social and Economic Committee, etc.

                08

                  Assisting companies in the collective bargaining of company agreements and in all their legal obligations in this area

                  • Assistance to the employer in mandatory annual negotiations, including the mandatory annual negotiations on wages, working arrangements and working hours, QWL, etc.
                  • Assistance in negotiations on gender equality in the workplace
                  • Assistance in the negotiation of various company agreements on telework, quality of working life, the right to disconnect, vocational training, etc.
                  • Assistance in determining the topics for negotiation at company level that may involve derogations from the industry provisions (overtime quotas and compensatory rest, leave, bonuses, etc.).
                  • Assistance in determining possible interlocutors according to the size of the company and the employee representative bodies (negotiation with the union representative, the SEC, a mandated employee, recourse to a referendum, etc.).

                  09

                    Assistance and/or representation of companies before the labour, judicial and administrative courts

                    • Litigation analysis, risk assessment and recommendation of solutions.
                    • Conduct of amicable settlement procedures (settlement, mediation, conciliation).
                    • Assistance to companies:
                      • before the Labour Court (conciliation and pleading hearings) and the Courts of Appeal for individual labour disputes.
                      • before the Administrative Courts and the Administrative Courts of Appeal in the event of a dispute relating to an authorisation or refusal of authorisation issued by the Labour Inspectorate to dismiss a staff representative.
                      • before the Judicial Court for all disputes relating to the elections of staff representatives or the appointment of union representatives.

                    Your lawyers
                    in labour law

                    Arnaud COCHERIL - en savoir +

                    Arnaud
                    COCHERIL

                    Partner

                    +33 (0)4 77 33 12 06

                    Olivier DUBOST - en savoir +

                    Olivier
                    DUBOST

                    Partner

                    +33 (0)4 77 33 12 06

                    Amandine SAPT

                    Anne-Sophie
                    LARDON BOYER

                    Lawyer

                    +33 (0)4 77 33 12 06

                    Marie DAN

                    Marie
                    DAN

                    Associate legal counsel

                    +33 (0)4 77 33 12 06

                    Page dédiée - Laurie Crespy

                    Laurie
                    CRESPY

                    Associate legal counsel

                    +33 (0)4 77 33 12 06

                    Disponibilite et réactivité

                    Availability and Responsiveness

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                    Proximity and Tailor-made services 

                    Rigueur et pragmatisme

                    Rigour and Pragmatism

                    Secret professionnel

                    Professional secrecy

                    Clarte des honoraires

                    Clarity of fees