Labor law

 Externalegal assists you in studying and understanding the applicable collective labor agreement(s) and in identifying the provisions applicable to your employment contracts (job classification, working hours, minimum wages, etc.)
 
We then assist you in drafting the provisions of your employment contracts in compliance with the applicable regulations.
 
Mandatory provisions:
 
- applicable collective agreement,
- job description,
- place of performance of the employment contract,
- remuneration,
- work duration,
- if applicable, trial period,
- effective date of the employment contract,
- nature of the employment contract: fixed-term contract (CDD), permanent contract (CDI),
- employee’s contact details,
- company’s contact details,
- social security organization’s contact details,
- complimentary pension fund’s contact details.
 
Optional provisions:
 
- training waiver clause,
- geographical mobility clause,
- exclusivity clause,
- non-compete clause.
 

 Externalegal assists you in the follow-up and daily management of your employment contracts. In this respect, we assist you in the management of the following issues:
 
- working time (legal duration, time off, etc.),
- wages,
- place of work,
- employee absences,
- employment contract suspension (illness, work accident, etc.),
- the difference between changes in working conditions and modifications to employment contract,
- amendments to employment contract.

 The implementation of a coherent system of delegations and sub-delegations of powers allows the company to optimize its internal organization but also to limit the exposure of managers to criminal risk. Based upon an analysis of the organization chart, the list of corporate mandates, the employment contracts and a risk mapping, Externalegal assists you in drafting your delegations and sub-delegations of authority.
 

The employer's disciplinary powers include the right to impose sanctions on employees who have acted in a manner that he considers to be wrongful. Although the employer is free to choose a sanction he deems appropriate, he must strictly respect the disciplinary procedure provided for by the French Labor Code.

-Warning: a reproach addressed to the employee in writing with a formal notice to cease the reproached actions.
 
-Layoff: a sanction resulting in the temporary suspension of the employment contract and remuneration. A layoff may be disciplinary when its purpose is to temporarily remove an employee who has committed a fault serious enough to justify his or her temporary dismissal, or precautionary if its purpose is to immediately suspend the employment contract of the offending employee during the disciplinary proceedings initiated against him or her and pending the final sanction.
 
-Mutation: change in the place of work or assignment as a disciplinary sanction.
 
-Demotion: a downward change in the employee's hierarchical position as a disciplinary measure.
 
-Dismissal: a disciplinary measure resulting in the definitive removal of the dismissed employee from the workforce, the dismissal may be pronounced for simple, serious or gross misconduct.
 
-Simple fault: the dismissal is pronounced for a serious and real cause but which does not justify the gross or serious fault qualification.
 
-Serious misconduct: the dismissal is pronounced for a misconduct attributable to the employee and which seriousness makes it impossible for the employee to remain in the company.
 
-Gross misconduct: the dismissal is pronounced for a fault of the employee characterized by the intention to harm.

In order to avoid a situation where the a possible challenge by the sanctioned employee would lead to a reversal of the sanction by the Conseil de Prud'hommes, the employer is required to respect the provisions of the disciplinary procedure provided for by the French Labor Code.
 
For sanctions affecting the employee's presence in the company, his or her duties, his or her career or his or her compensation:
 
-Invitation to a preliminary interview by registered letter or letter delivered by hand,
-Preliminary interview in order to inform the employee of the reasons for the envisioned sanction and to allow him/her to present his/her explanations,
-Notification of the sanction to the employee by registered letter with acknowledgement of receipt or by hand delivery within the time limits (not less than two working days, nor more than one month after the date set for the interview).
 
For sanctions that do not affect the employee's presence in the company, his/her duties, career or remuneration (reprimands, warnings), notification of the sanction must be sent in writing by registered letter with acknowledgement of receipt or by hand-delivery within 2 months of the discovery of the wrongdoing.

Externalegal also assists you in the event of termination of employment contracts.
 

Termination of the employment contract for an indefinite period of time at the employee's initiative, the resignation must take place in compliance with the applicable contractual and conventional provisions and, in particular, in compliance with the provisions relating to notice.

This is a specificity in French law. Conventional termination allows the employer and the employee to agree on the terms and conditions of termination of the employment contract and the employee to benefit from unemployment insurance allowance. This conventional termination is governed by a strict procedure and deadlines (interview prior to the conventional termination, drafting of the conventional termination agreement which sets out, in particular, the amount of the specific compensation for the termination of the employment contract and the date of termination of the employment contract, approval of the termination agreement by the DIRECCTE).

 In case of dismissal, the termination of the employment contract at the initiative of the employer. It is governed by a specific procedure and must be based on a cause that is real and serious cause (cause réelle et sérieuse).
 
It entitles the employee to a certain number of indemnities (legal redundancy indemnity, compensatory indemnity for paid leave, etc.) and to unemployment benefits. It may be disciplinary in the event of misconduct on the part of the employee or non-disciplinary (inaptitude, professional inadequacy, etc.), or even be for personal or economic reasons and it may be individual or collective.

Externalegal assists you in negotiations and drafting of settlement agreements with your employees prior to or during legal proceedings.

 Externalegal advises and assists you in the implementation and organization of staff representatives bodies within your company.
 
Social and Economic Committee: The social and economic committee must be set up in companies with more than 11 employees. It is composed of members elected for a maximum period of 4 years. It is the staff representation body in the company.
 
Trade union delegate: the trade union delegate is a representative of the employees appointed by a representative trade union which has created a trade union section. It represents the defense of its union from the employer and ensures the employees’ defense.
 
Representative of the trade union section: In companies with fewer than 50 employees, a staff delegate may be appointed, for the duration of his mandate, as a representative of the trade union section by non-representative trade unions that have formed a trade union section.

Externalegal assists you in the event of disputes related to the execution or termination of your employment contracts.