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Employment law

Our employment team assists French and foreign clients in all areas of employment law and social security law for the purpose of providing both technical tools and pragmatic solutions in order to maximize-work organization and to develop social dialogue within the company.

 

The team has developed expertise in employment law, giving priority to a concrete approach, which is often beforehand employment issues, in interaction with clients’ finance departments and accounting teams. This approach allows to broach traditional labor topics at the heart of the operating and financial concerns of our clients.

 

Collective employment law / Health and safety

The firm advices companies in negotiating and drafting all types of collective agreements: agreements regarding working time, time savings accounts, standard employment management  agreements, competitiveness agreements, charters regarding social dialogue and diversity, implementation of employee savings schemes (profit sharing, company savings plans, etc.).

Our team supports its clients in their discussions and negotiations with employee representatives, whether union member or not on these matters: drafting the documents with respect to the information and the consultation of staff representatives, Q&A process, expert reports…

In addition, the firm aids and assists its clients in order to deal with the constant increasing of the requirements regarding health and safety—(medical monitoring of employees, work- accidents, occupational diseases and the forms of suffering at work: stress, psychological or sexual harassment).

According to the issues resulting from human resources management and criminal punishment in such concern, the setting up of real health and safety policies is necessary, especially in circumstances of crisis or restructuring.

 

Social management of restructurings

A corporate restructuring implies different kind of changes, which may create social strain. Therefore, the social support of the restructuring is an essential matter which warrants most of time the success of the projected operation.

The firm advices companies with respect to specific employment issues arising from such restructurings and/or carve-outs (change of employer, compulsory or voluntary transfer of employees, questioning and harmonization of collective agreements, modification of the scope or the structure of the staff representatives…)

Our standard practice is to manage cases with an “on-the-ground” approach, which is really operational, organizational and financial, working with clients’ management departments and/or finance experts.

 

Social management of mergers & acquisitions

Along with the mergers & acquisitions teams, we support industrial companies (large groups or small and medium-sized companies) as well as financial institutions or investment funds regarding their projected sales and/or acquisitions.

Our employment team has developed a recognized expertise concerning:

  • carrying out of due diligence and preparation of the vendor’s due diligence documents,
  • carrying out of due diligence and/or review of the VDD
  • negotiation of the representations and warranties agreement with respect to employment and social security law,
  • implement the employment calendar  procedure related to the legal and operating calendar,
  • assistance in the consultation of staff representatives  (drafting the economic note and possible questions and answers)
  • assistance in the management of social integration processes, if any (denunciation of collective agreements, harmonization agreements, assessment of human resources  risks regarding individual benefits acquired…)
  • assistance  in the implementation of management packages, with the mergers & acquisitions / corporate and tax law teams.

 

Employee savings schemes and employee shareholding

 Employee savings schemes and employee shareholding are incentive tools which had been modernized by recent legislative reforms. Usually deemed as components of overall compensation policies at the company or group level, these schemes are becoming substantive means in order to connect employees to company’s results, development and capital.

The firm has cultivated a specific expertise on these matters, uniting aspects of employment law, tax law and corporate law.

Due to such vision, the firm supports its clients in the implementation of overall compensation or shareholding schemes (profit sharing, stock-based compensation, company/group savings plans, quota purchase scheme or common share plan, allocation of free share plan, collective retirement savings plans, etc.).

 

Director and officer status

 The firm has broad a wide experience in the negotiation of directors and officers status, whether in relation with the exercise of a social mandate simultaneously with the carrying out of an employment contract, or the implementation of incentives measures for a performance purpose (bonus plans, stock options, free shares, BSPCE…)

In relation to such topics, the employment teams work closely with the mergers & acquisitions / corporate and tax law teams.

 

Individual employment law

 Our support concern the drafting of employment contracts and service provision agreements, the drafting of addendum of employment contracts or its conditions of carrying out, the implementation of disciplinary and dismissal procedures (for personal or economic reasons), the negotiation and the drafting of settlement agreements or any other terminations by mutual agreement as rupture conventionnelle.

 

Labor and social security litigation (Urssaf)

 The firm handles any kind of employment law litigation, whether it relates to individual or collective litigation, and especially litigation  arising from collective employment disputes or collective claims from employees who had been dismissed through the implementation of a job preservation plan…

The firm has also developed an in-depth knowledge regarding specific litigations related to the protective status of staff representatives (e.g., authorization of the labor administration, appeal before the Minister of Labor and administrative courts).

Finally, the firm deals with pre-litigations or litigations in relation with technical social security law between companies and social security agencies (URSSAF and technical social security litigation).