Lawyer specializing in social law in Cannes

Bringing together labor law and social security law, social law concerns the relationships between employers and employees, as well as the social protection of workers. Are you a business owner or employee and need a lawyer specialized in social law in Cannes? Whether to terminate an employment contract, draft a company agreement, or handle labor court litigation, you can count on our firm Macfarlanes LLP.

We offer you a personalized legal service, tailored to your needs and expectations. We advise, assist, and defend you in all social law proceedings, whether before courts, administrations, or social partners. Our team guarantees you attentive listening, responsive availability, absolute confidentiality, and full transparency on our fees.

Social law law firm in Cannes for drafting or terminating an employment contract

The employment contract is the document that formalizes the conditions of hiring an employee by an employer. It can be for an indefinite period, a fixed term, part-time, full-time, or in the form of an apprenticeship, professionalization, or employee portage. It must comply with the legal and contractual rules applicable to the profession and the sector of activity.
Termination of the employment contract can occur at the initiative of the employer, the employee, or by mutual agreement. It can take the form of a dismissal, a resignation, a conventional termination, a taking of legal action, a judicial rescission, or an early termination. Whatever the reason, it must comply with the formalities and procedures provided for by law and the collective agreement.

Our expert lawyers in social law in Cannes help you choose the type of contract best suited to your situation and draft the essential clauses, such as duration, remuneration, probation period, non-compete clause, or mobility clause. We advise you on the terms and consequences of the termination of the employment contract, particularly regarding the reason, notice period, compensation, final settlement, or certificate of employment.

In addition, our qualified legal experts assist you in drafting termination letters, termination agreements, or settlements. We also support you in the event of a dispute related to the termination of the employment contract, whether to challenge a dismissal, negotiate compensation, assert your rights, etc.

Advice for the execution of your employment contract in the Provence-Alpes-Côte d'Azur region

The execution of the employment contract implies compliance with the reciprocal obligations of the parties, both individually and collectively. The employer must in particular provide the agreed work, pay the due remuneration, ensure their training, guarantee their safety and health and ensure the proper functioning of the employee representative bodies.

As for the employee, he must do the requested work, comply with the employer's directives, respect the internal regulations, demonstrate loyalty and observe his duty of discretion. The execution of the employment contract can be a source of conflicts or disputes, when there is an error or disagreement between the parties. This may include, for example:

• of a delay or an absence;
• a modification of the employment contract;
• of a disciplinary sanction;
• of moral or sexual harassment;
• of discrimination;
• of a work accident;
• or a collective conflict.

Our team of specialist social law lawyers in Cannes helps you deal with problematic situations, prevent legal risks, and find amicable or judicial solutions. We inform you of your rights and obligations, the procedures to follow, and the possible remedies. We represent you tenaciously before the competent courts, if necessary.

Our legal assistance service dedicated to executive employees in the Alpes-Maritimes

Managerial employees handle management, supervision, design, or control functions and benefit from significant autonomy and responsibility in work organization. They are subject to specific rules, particularly regarding working time, remuneration, leave, social protection, union representation, etc.

They may face particular situations, such as a non-compete clause, a training clawback clause, an international mobility clause or a redundancy for economic reasons. Our firm advises you if you are an executive employee or if you wish to become one.

We support you in the negotiation of your employment contract, in the defense of your interests and in the management of your career. We enlighten you on the specifics of your status, on the advantages and disadvantages, as well as on possible developments. Relying on our expertise and our experience, we can assist you in negotiating your amendments or your transactions.

Occupational hygiene, health and safety: support from our team of experienced labor law lawyers in Cannes

Hygiene, health and safety at work are legal obligations incumbent on the employer. The latter must take all necessary measures to preserve the physical and mental health of its employees and to prevent workplace accidents and occupational diseases. In particular, it must:

• comply with applicable standards and rules;
• assess professional risks;
• develop and update the single risk assessment document;
• inform and train employees;
• provide personal protective equipment;
• organize occupational medicine;
• and consult the staff representative bodies.

Failure to comply with hygiene, health and safety standards at work can sometimes lead to disputes, in the event of a breach, fault or dispute on the part of the employer or employee. These situations can take various forms, such as a work stoppage, unfitness, inexcusable fault or psychosocial disorder.

Our firm of social law lawyers in Cannes advises you on your rights and obligations and on the rules applicable to your sector of activity. We assist you in the prevention and resolution of disputes, favoring negotiation and dialogue. We represent you in the event of a dispute related to health or safety at work, whether to have an occupational accident or an occupational disease recognized.

Legal assistance for the negotiation and drafting of a company agreement in Cannes

A company agreement is a document that sets the rules applicable to labor relations within a company, in addition to or in derogation from legal or contractual provisions. It may cover various topics such as working hours, salaries, bonuses, leave, training, risk prevention, or social dialogue.

Negotiating and drafting a company agreement requires the involvement of social partners, i.e., the employer and employee representatives or mandated or elected employees. They must meet regularly, exchange information, make proposals, and seek consensus. Signing the company agreement requires the approval of the majority of representative trade union organizations.

Failing that, the document may be signed by mandated or elected employees. It must then be filed with the administration and brought to the attention of employees. Our office in Cannes advises you on the topics to address, the negotiation methods, the clauses to include or avoid, and the effects of the agreement. We help you draft a company agreement that complies with the law, clear and balanced, which meets the needs and expectations of everyone.

Organization of elections for the social and economic committee in Cannes

The Social and Economic Committee (CSE) is the employee representative body, which brings together former staff delegates, the works council, and the health, safety and working conditions committee. Its mission is to represent employee interests, engage in dialogue with the employer, negotiate collective agreements, manage social and cultural activities, and ensure health and safety at work.

The CSE must be set up in companies with at least 11 employees, through elections organized by the employer. This requires compliance with an electoral protocol, which sets the voting procedures, such as:

• the number and composition of electoral colleges;
• the number and distribution of seats;
• the candidacy conditions;
• the voting method;
• the electoral calendar;
• or propaganda means.

The electoral protocol must be negotiated between the employer and representative trade unions, or failing that, mandated or elected employees. It must then be sent to the labor inspectorate and posted in the company.

Our team of lawyers specialized in labor law in Cannes guides you on the rules to follow, the steps to take and the precautions to take. We support you in the negotiation and drafting of the electoral protocol and in verifying its validity. We also assist you in the event of a dispute or litigation related to elections or the functioning of the CSE, whether to assert your rights, your obligations, your claims, etc.