French employment law
Viewed from outside of France, French employment law can appear to be an area into which foreign employers enter with trepidation. The French labour market is structured differently, with several layers of regulation (from the Employment Code encapsulating statute and regulations, sector-wide collective bargaining agreements, company-wide agreements and undertakings, down to the individual contract of employment). Our team has long-standing experience of accompanying international clients throughout the employment relationship, whether it be individual or collective.
In terms of individual contractual relations, In Extenso Avocats can assist in providing advice on the choice of contract, which may involve a choice between an employment contract or another form of contract (service agreement, agency agreement), the combination of a directorship and an employment positions, but also the choice between a fixed-term or open-term employment contract.
Our team can provide advice and assistance prior to employment, on the choice of collective bargaining agreement, classifications, non-competition clauses, mobility clauses, protection of personal data, recruitment. In Extenso Avocats will produce bilingual contracts of employment, as well as bonus schemes or commission plans, and can assist in adapting foreign contracts for compliance with French employment law.
During the employment relationship, In Extenso Avocats regularly accompanies clients on the possibility of modifying fundamental terms of the contract or working conditions, drafting addenda in bilingual form. It provides opinions and advice on the validity of non-competition clauses, on the protection of the personal data of employees. Our team accompanies clients in conducting and issuing disciplinary measures, the drafting of internal working rules and internal memoranda, health and safety, accidents at work, work-related illnesses, paid holiday, bonuses, illness, maternity leave, fitness for work, moral and sexual harassment, equal treatment, video-surveillance. We also advice on restructuring and the transfers of undertakings.
On termination of the employment contract, In Extenso Avocats provides advice and accompanies clients in the strategic choices about the form of termination and the impact of social security contributions and tax on termination costs. Our team has significant experience in accompanying dismissals and redundancies as well as seeking authorisation of dismissal for protected employees, mutual terminations, mobility agreements. It can also assist in bringing closure through compromise agreements.
In terms of collective relations, In Extenso can undertake employment audits across the company, it assists on putting place works councils and employee representatives, as well as providing advice in respect to relations with employee representatives and drafting company-wide agreements.
Our team has long-standing experience of the conduct of litigation before employment tribunals and courts of appeal throughout France whether resulting from dismissal or redundancies, claims relating to moral or sexual harassment, or fitness for work.