Social Law Lawyer●Labor Law

Our law firm assists companies in managing their personnel, a predominant activity for our firm. The issues surrounding labor law matters are a constant concern for our clients, requiring the assistance of advisors recognized for their expertise, combining pragmatism and responsiveness.

• Disputes related to the execution of the employment contract:
  • Unpaid overtime
  • Unilateral modification of the contract by the employer
  • Employee's refusal to perform a task not in line with their duties
  • Sidelining of an executive after a hierarchical disagreement
• Individual conflicts with executive employees:
  • Challenge of a non-compete clause
  • Wrongful dismissal of an executive
  • Poorly negotiated conventional termination
  • Dispute over payment of contractual bonuses or incentives
• Health, safety and working conditions:
  • Moral or sexual harassment at work
  • Contested medical unfitness
  • Employer’s breaches of safety obligations
  • Psychosocial risks linked to work overload
• Collective relations and social dialogue:
  • Challenge of a company agreement by a trade union
  • Blocking of collective bargaining
  • Contesting professional elections
  • Conflicts around the functioning of the CSE
• CSE powers and right to alert:
  • Failure to consult the CSE before a reorganization
  • Refusal to disclose economic documents
  • Disputes related to the use of the right to alert (economic, health, etc.)
• GDPR and personal data:
  • Non-compliant employee surveillance
  • Access to litigious professional emails
  • Processing of personal data in the context of an internal investigation
• Labor and criminal litigation:
  • Contesting dismissal for gross misconduct
  • Allegation of discrimination or harassment
  • Criminal liability of the employer in case of work accident
  • Undisclosed work or illegal lending of workers

Lawyer Personnel Management

Our specialized labor law attorneys also assist executive employees, from the conclusion to the termination of their employment contract, advising them more specifically on social and tax implications.

Drafting and termination of the employment contract

We support our corporate clients throughout the execution of the employment contract, from its drafting to its termination. In particular, we provide tailored advice when hiring an employee, based on their qualifications and position within the company, on the inclusion of specific clauses in the contract: fixed-term contract clause, mobility clause, training repayment clause, non-competition clause.

At the time of the termination, we advise you on the most appropriate procedure (mutual agreement termination, dismissal for personal reasons, dismissal for economic reasons).

Advice during the execution of the employment contract

We also intervene throughout the execution of the employment contract, particularly on all issues relating to disciplinary law (warning, reprimand, suspension), occupational health (medical follow-up, unfitness, occupational diseases-work accidents, burnout), handling discrimination and moral harassment issues at work, and managing protected employees.

Lawyer Advisor for executive employees

We advise executive employees during the termination of their employment contract in order to inform them of their rights to compensation (notice period, severance pay, compensation for dismissal without real and serious cause provided for by the Macron scale), the social and tax regime of indemnities paid by the employer, the deferred compensation by unemployment insurance (or waiting period of Pôle Emploi).

In this context, we assist them in optimizing the financial conditions of leaving the company by negotiating an amicable agreement formalized, depending on the case, by a conciliation report recorded before the Labor Court, a settlement agreement or a conventional termination.

Labor law according to Benoît SEVILLIA

Occupational Health Lawyer

We advise you on setting up regular medical monitoring and on preventing occupational risks within the company (hygiene, health, and safety at work). We also assist our clients in procedures for declaring an employee unfit for work, as well as in managing occupational accidents and illnesses, and relations with the Health, Safety, and Working Conditions Committee (CSSCT) of the CSE.

In the event of a dispute with employees following a work accident or occupational disease, our law firm regularly assists its employer clients before the Social Division of the High Court. This may be the case when an employee claims compensation for inexcusable fault.

Corporate Agreements Lawyer

Negotiation of a company agreement

Although trade unions appear to be the natural interlocutors for negotiation, the Macron Ordinance n°2017-1385 has opened up other possibilities. Indeed, it offers mandated employees, mandated CSE elected representatives and employees themselves the possibility of negotiating a company agreement. In the case of a company with fewer than 50 employees without a CSE, the employer can directly propose a draft agreement to the employees, ratified by a majority of 2/3 of the staff.

On the other hand, within a company with fewer than 50 employees that has a Social and Economic Committee, company negotiations may be submitted to CSE elected representatives, whether mandated or not. These representatives must be approved by referendum or by the signature of elected representatives representing the majority of votes cast in the last elections.

Drafting a company agreement

A major innovation following the Macron Ordinance n°2017-1385, the company agreement may prevail over the industry-level agreement for certain provisions, such as the probationary period, notice period, termination indemnities, or the allocation of various bonuses. Similarly, new collective performance agreements can adjust the conditions of employee contract execution (working time, remuneration), which they cannot refuse.

Thus, if you are at the head of an SME or a VSE, our law firm provides constant support in this capacity to its SME/VSE clients, who now have the possibility to enter into company agreements that meet their economic and operational constraints.

Lawyer Social and Economic Committee

Organization of CSE elections

The CSE must be set up in all companies with more than eleven employees over twelve consecutive months. Our lawyers assist you in organizing the elections of the CSE staff delegation by handling the drafting of the information note on the organization of elections for employees, the drafting of the pre-election agreement, the determination of electoral colleges, the establishment of electoral lists and the monitoring of the election process.

Our advice also covers the preparation of ballot papers and the drawing up of the voting list, as well as the minutes of the results. Finally, we ensure that the drafting and sending of the results to the Labour Inspectorate are carried out.

CSE Attributions

Our lawyers advise you on the attributions of the CSE which, in companies with fewer than 50 employees, take over the main missions of the staff representatives in largely unchanged terms (presentation of employee complaints, promotion of health, safety and working conditions, consultation in case of collective dismissal for economic reasons).

In companies with 50 or more employees, the CSE's economic mission is to ensure the collective expression of employees and is informed/consulted under simplified procedures (due to the existence of a single body) on the organization, management and general operation of the company. On the social side, it offers employees social and cultural activities financed by the employer's contribution.

GDPR Lawyer

Protection of personal data

Our company provides support to its corporate clients for compliance. This includes, in particular, the appointment of a Data Processing Manager or a Data Protection Officer and the establishment of a processing register in which data is recorded for a defined period.

In addition, your law firm guides you through the various stages of collecting and processing personal data, such as compliance of major IT projects, drafting and negotiating contracts.

Lawyer for Labor and Criminal Employment Litigation

Labor court litigation

The defense of our clients, companies and executive employees, before the labor courts and Courts of Appeal, is an extension of our advisory activity.

Our approach to labor litigation cases takes into account the identified judicial risk due to proven experience in social litigation based on the disputed facts, as well as the age, seniority, and career path of the employee within the company, particularly with regard to the MACRON scales.

Criminal labor litigation

We also assist companies and their directors who are prosecuted before criminal courts for acts of illegal subcontracting, undeclared work, or for breaches of their health and safety obligations, particularly in the agricultural and construction sectors.

Since May 1, 2018, new obligations have been imposed on companies to protect the personal data of their employees that they collect and store in their computer databases, under penalty of fines that can amount to up to 2% of annual turnover.