Anticipating, securing and managing your employment relationships is essential to the effective running of your business. Our law firm advises and assists you on all legal matters and employment disputes relating to the day-to-day operations of your business and your employment contracts.
In companies where one or more trade union sections representing recognised trade unions have been established and at least one trade union representative has been appointed, the employer must take the initiative to commence negotiations periodically on certain topics, including, in particular, remuneration and equal professional opportunities between women and men.
If the employer fails to initiate such negotiations, they must be commenced at the request of a representative trade union.
There are various types of employment contracts, depending on their duration, the employer’s business activity and the nature of the work assigned to the employee. These include fixed-term contracts, permanent employment contracts, seasonal contracts, contracts for specific uses, full-time and part-time contracts, and contracts for sales representatives (VRPs), together with specific clauses such as probationary periods, performance targets, non-compete clauses, exclusivity clauses, non-solicitation clauses, mobility clauses and training repayment clauses, as well as provisions governing working hours.
An employment contract exists as soon as one person (the employee) undertakes to work, in return for remuneration, on behalf of and under the direction of another person (the employer).
As a general rule, an employment contract must be in writing. It specifies the employee’s remuneration, qualifications, working hours and, more generally, duties and responsibilities. It creates a number of obligations for both the employee and the employer.
Disciplinary measures may include disciplinary suspension without pay, a warning, a reprimand, demotion, transfer, dismissal for genuine and serious cause, or dismissal for gross misconduct or wilful misconduct, which may result in the loss of entitlement to notice pay and statutory or contractual severance payments.
A disciplinary sanction is a measure taken by an employer in response to conduct by an employee that the employer considers to constitute misconduct. Before imposing a sanction, the employer must follow a procedure designed to inform the employee concerned and allow them to present their defence. Where dismissal is being considered, the procedure applicable to dismissal on personal grounds must be followed.
A collective bargaining agreement may provide for specific rules governing disciplinary sanctions.
Amendments to employment contracts are common, particularly in the context of corporate restructurings or changes in the employer’s legal status or ownership structure (Article L. 1224-1 of the French Labour Code). In such circumstances, obtaining advice from an employment law specialist may be essential. The same applies in the event of a dispute, including where an employee exercises their right to withdraw from a work situation they reasonably believe presents a serious and imminent danger.
An employment contract may be terminated in various ways, including resignation, termination by mutual agreement (rupture conventionnelle) or dismissal. The applicable procedure depends on the circumstances and on whether the employee benefits from special statutory protection. Different termination procedures apply to different situations.
The period leading up to termination is often decisive in determining the outcome of a dispute or in securing the best possible terms for a negotiated settlement. A settlement agreement may be worth considering in order to avoid proceedings before the French Labour Court (Conseil de prud’hommes).
Such an agreement must be carefully prepared to ensure that it sets out the reciprocal concessions made by each party and achieves an acceptable outcome for all concerned.
Our firm supports employers throughout the negotiation process, may conduct negotiations on a confidential basis and drafts the agreed settlement.
When drafting legal documents, it is essential to take account of the specific circumstances of both the business and the employee and to ensure that all clauses comply with applicable legislation, the relevant collective bargaining agreement and case law.
To have your legal documents drafted or your proposed agreements reviewed with detailed comments, please contact our firm for assistance in reviewing and securing your employment contracts.
Our firm advises employers on drafting responses to employees’ concerns or complaints, including allegations of misconduct such as psychological or sexual harassment.
Our firm can act in two distinct capacities:
The lawyer is appointed by one party only, namely the company’s management. This is not an expert assessment but a role involving legal advice and assistance.
When appointed solely by the company’s management to conduct an internal investigation, the lawyer acts in their usual advisory capacity, and professional legal privilege applies.
The lawyer provides an impartial and objective assessment, drawing on their legal knowledge, expertise and technical skills. The professional and ethical rules governing the legal profession provide the necessary safeguards to ensure the neutrality of the investigation and compliance with applicable procedures. More generally, a lawyer conducting an internal investigation is committed to respecting the adversarial principle and the rights of the defence.
The investigator interviews employees, informs them of their right to be assisted by legal counsel, reviews emails, analyses contracts and invoices, and examines any other relevant evidence.
This type of engagement is becoming increasingly common in France as companies face strengthened compliance obligations, anti-corruption requirements, psychosocial risk prevention measures and competition law regulations. It can be particularly valuable when a company anticipates legal proceedings and initiates an internal investigation to gather evidence in support of its defence.
In this capacity, the lawyer is jointly appointed by the company’s management and employee representatives and therefore acts as an expert, as defined in Article 6-2, paragraph 5, of the French National Internal Regulations governing the legal profession (Règlement Intérieur National – RIN).
Find out more about the role of a lawyer acting as an expert.
Employers may interact with various employee representatives, including trade union representatives, members of the Social and Economic Committee (CSE), employees appointed by trade unions to negotiate agreements, and trade union section representatives.
Maintaining constructive dialogue with employee representatives is an essential part of effective business management. To achieve this, employers must understand how to organise employee representative elections, establish a Social and Economic Committee (CSE), and comply with the rules governing consultation with the CSE and meetings with employee representatives.
URSSAF (Unions for the Collection of Social Security and Family Benefit Contributions) are private organisations entrusted with a public service mission, namely the collection of all employee and employer social security contributions and levies from businesses.
These contributions are used to fund France’s general Social Security system, as well as various other organisations and institutions, including unemployment insurance, the Old-Age Solidarity Fund (FSV) and Universal Health Coverage (CMU).
