Employment — Individual Relations

Drafting an employment contract is not simply a matter of using a template. Every hire requires anticipating the reality of the role, the employee’s status, the organisation of working time, the applicable collective agreement and the clauses needed to protect the company.

In particular, we assist with:

• analysing the role, the status and the applicable collective framework;
• identifying the sensitive clauses: probationary period, mobility, confidentiality, non-compete, non-solicitation, variable pay, day-rate arrangements (forfait jours);
• drafting the contracts, amendments and ancillary documents;
• securing consistency between the chosen classification and the duties actually performed.

Disciplinary management calls for a response that is at once swift, measured and legally secure. Theft, violence, alleged harassment, conflict between employees, breach of internal rules or a difficulty revealed following a workplace accident: each situation requires the facts to be characterised before acting.

In particular, we assist with:

• analysing the facts, witness statements, correspondence and available documents;
• legally characterising the situation;
• determining the appropriate response: warning, sanction, precautionary measure or dismissal;
• drafting the summons, interview outlines, sanction letters or termination notices.

Termination of an employment contract becomes particularly sensitive when it occurs in a tense climate: insubordination, alleged harassment, disagreement over pay, challenge to day-rate arrangements, diversion of clients or managerial conflict.

The firm supports employers in defining the termination strategy, organising evidence, securing the procedure and defending their interests in the event of a claim before the labour court.

In particular, we assist with:

• analysing the grievances, HR documents, internal correspondence and background;
• defining the strategy: dismissal, negotiation, settlement or litigation defence;
• drafting the necessary documents and letters;
• representing the company before the labour court (conseil de prud’hommes).

Seconding an employee abroad requires securing the contractual framework, the duration of the assignment, the remuneration, the social protection, the reporting obligations and the rules applicable in the host country.

In particular, we assist with:

• characterising the applicable regime: secondment, expatriation, staff loan or intra-group mobility;
• analysing the social, contractual, tax and administrative obligations;
• drafting the amendments, assignment letters and necessary agreements;
• coordinating the formalities and preventing the risks of inspection or litigation.