Employment and Labor Law
What your lawyer can do for you
#Employment Agreement
Manage individual working relationships
Working relationships with an employee can raise a multitude of questions for which you may not always have a solution. We will address these questions for you!
- We draft employment agreements that are understandable, targeted to your needs and that provide you with a useful and secure framework for your working relations.
- We find legal solutions tailored to your operational organization: variable and target-based remuneration, mobility clause, provision and transfer of employment agreements, non-competition clause, etc.
- We keep an eye on how the agreements should evolve and write amendments as the case may be.
- We help you secure the exercise of your disciplinary authority by helping you choose the most suitable option (warning, demotion, suspension from work, etc.) and make sure proper procedures and adequate deadlines are strictly observed.
- We manage with you the termination of an employment agreement: amicable termination, dismissal for misconduct, unfitness for work, economic reasons, etc.
- In case of litigation, we work with you to develop the best strategy before the Labor Court.
- We also defend your interests before the Social Security Court (URSSAF adjustment, contributions, concealed work, inexcusable conduct, work injury and occupational disease).
Manage relations with employee representatives and the employee community
Make collective bargaining and social dialogue a development tool for your company.
- Set up the Social and Economic Council (SEC) and define with you how it will operate.
- Advise you in the management of the relations with your elected CSE representatives.
- Draft for you tailor-made internal regulations.
- We guide you in the negotiation of working time agreements adapted to your activity.
- We work alongside in negotiations with your employees to reach an effective company agreement: profit-sharing, participation, gender equality, right to disconnection, annual negotiations, etc.
- Prevent risks and potential disputes: health and safety, concealed work, obstruction, etc.
- Anticipate and accompany the evolution of your company: transfers, divestitures, merger and acquisitions
Your team
The team is multidisciplinary, and we combine our skills
and experience because we have our clients’ best interests at heart.
Master’s degree in business law
Admitted to the bar in 1992
Master 2 Labor Law, Labor Relations – Montpellier
University degree in Labor Law and International Companies
Master 1 in Labor Law
Master 1 in Business Law
University of the West of England, Bristol
Joined the firm November 2014
Admitted to the bar in 2017
Master I Business Law
Master II Contract Law
Admitted to the bar in 2014
You have questions. We are here to help you.
Why would updating my contracts be useful to my business?
The way your business grows and how your employees evolve within your company leads to changes that directly impact your employment agreements currently in place.
It may be necessary to review the classification and compensation of your employees that may have evolved, set forth new provisions such as non-competition clauses and objective clauses, to verify that your current employment agreements ensure the protection of confidential data within the company, or to determine the conditions of use of the digital tools made available to employees.
It is also common for an employee who started out with a working time organization following a collectively defined schedule to move to a position where he or she manages his or her working time independently. It is imperative to reflect such changes in the employment agreements.
In the event of restructuring or economic difficulties, the modification of an employment agreement can be an alternative to economic redundancies.
Are some topics more important than others? What should I be particularly vigilant about?
Compensation, working time, non-competition clauses, mobility are all subjects on which employers are not free to act as they see fit.
These topics are very strictly regulated and certain mentions are mandatory.
Wanting to change such elements is tantamount to changing the core of the employment agreements and not simply their terms and conditions.
The risk may be to generate employee dissatisfaction, to have to assume an unforeseen financial burden or even to be confronted with proceedings before the Labor Court.
Do I need my employees' approval?
Any change to an employment agreement requires the employee’s approval. This is not the case with simple changes to an employment agreement.
But, if my employee is a protected employee, I must beforehand, in addition and in any case, secure the agreement of the Labor Inspection.
Is there a procedure to follow?
It is necessary to warn employees and to propose an amendment to their employment agreements. Sufficient time to think about the proposed changes, whether to accept or refuse same, must be allowed.
Employees’ approval must be explicit unless the proposed changes are based on economic motives, in which case employees’ silence will be deemed to constitute acceptance of the proposed changes.
What happens if my employee refuses to give his/her approval to the contemplated changes?
The employee’s refusal cannot result in disciplinary action.
The employer may decide to abandon his/her project to modify employment agreements or to review this project after negotiating with the employee. The applicable procedure will then need to be followed again.
Aside from economic reasons where employees’ refusal to accept the proposed changes may lead to dismissals with valid grounds, the possibilities for employers to dismiss employees who refuse a change in their employment agreements are very limited.
Can I deviate from the provisions set forth in the collective bargaining agreement in my employment agreements?
Employment agreements can always provide for more favorable conditions than the ones set forth by the collective bargaining agreement.
However, a company agreement negotiated by the employer and the employee representatives may provide for less favorable provisions than those set forth in the collective bargaining agreement. Therefore, an employment agreement that would refer to a company agreement may include clauses that override the ones set forth in the collective bargaining agreement.
