- Assisting directors in their choice of status : employee or corporate officer or both, remuneration arrangements, social protection scheme, unemployment cover (advanced ruling on state unemployment scheme / private scheme).
- Director protection : assessing criminal liability risk in relation to labour laws and health and safety, analysis and recommendations to mitigate risk, setting up delegations of authority.
2 Employment contract and remuneration
- Drafting employment master contracts adapted to the company’s business and categories of employee, updating these master contracts to reflect legislative and case law developments.
- Recommending special contract clauses specific to the company’s requirements : intellectual property, invention, non-competition, training costs repayment, variable remuneration, objectives, telecommuting…
- Advice and assistance on implementing procedures for employment contract termination : choice of most suitable termination method, drawing up documents, calculating severance pay and evaluating employment litigation risks.
- Advice on implementing company remuneration policies : determining and drawing up policy on variable remuneration, commissions, fringe benefits and policy governing payment for inventions.
3 Collective bargaining
- Establishing the collective status : determining the applicable collective agreement, identifying and implementing the appropriate social protection schemes (provident, health, retirement)
- Assistance with organizing working time : identifying the business-specific needs (seasonality, unforeseeable variations, itinerancy…), choosing appropriate legal regimes, optimizing arrangements allowed by derogation within the scope of the company-wide agreement, assisting in negotiations with union or employees’ elected representatives, drawing up collective agreements
- Assistance with negotiating collective agreements as part of compulsory annual collective negotiations (NAOs) : salaries, gender equality, right to “disconnect”, GPEC/GEPP …
- Assistance with negotiating and drafting strategic collective agreements : economic and social development agreements, collective redundancy agreements, mobility retraining leave.
4 Dealings with representative bodies
- Assistance with relations with the social and economic committee (CSE)/works committee/local representative : setting up employee ballots, apportioning duties between CSE/CSEC/local representative, organizing and optimizing compulsory ad hoc and annual consultations, the contents of the economic and social database (BDES), relations with experts and consultation deadlines.
- Assistance with setting up and managing representative bodies within a group : economic and social unity (drawing up the agreement, deciding on bodies), transnational bodies (negotiation and drafting agreements to set up a European works committee).
- Comparing collective statuses of entities involved in mergers, sell-offs and spin-offs and quantified assessment of harmonization measures.
- Restructuring impact management : employees’ salaries, working time, functioning of the employees’ representative bodies, employees’ savings schemes, social protection… Drawing up replacement agreements.
- Advice and assistance with implementing individual and collective redundancy schemes : identifying the economic motive, scheduling procedures, drafting documents, consultations with the CSE, calculating severance payments and evaluating employment tribunal litigation risks.
- Setting up employment preservation plans (PSEs) and voluntary redundancy schemes (PDVs) : drawing up economic reports setting out the economic motive, drawing up PSEs, scheduling procedures, arrangement agreements, consulting European CSE/CSEC/works committees, quantified assessments, relations with the DIRECCTE regional employment department for homologation or validation, drawing up redundancy notices, following up PSE measures and assisting with litigation.
6 Employee savings and share ownership schemes
- Assistance in implementing employee participation : group audits with a view to optimizing participation, drawing up participation agreements, answering points raised by the DIRECCTE, assisting in the event of any challenge to social contribution exemptions.
- Assistance in implementing profit sharing : assessing companies’ needs/objectives to determine the most appropriate profit-sharing scheme, verifying the random nature of the scheme, drawing up profit-sharing agreements, answering points raised by the DIRECCTE, assisting in the event of any challenge to social contribution exemptions.
- Assistance with setting up employee savings schemes : PEE, PEI, PEG, PERCO, PERCOG…
- Assistance with setting up and managing time-off banks.
- Employee and directors’ share ownership schemes
7 Social protection
- Assistance with setting up, modifying or cancelling supplementary social protection schemes : additional pension schemes (e.g. Article 83), health costs, invalidity, incapacity, death.
- Social protection scheme audits : verifying the schemes’ collective and compulsory nature, calculating URSSAF adjustment risks and recommending corrective measures.
8 Health and safety
- Managing health and safety issues : company rules and regulations, occupational stress, procedure for unfitness for work, gross negligence…
9 International mobility
- Assistance with international mobility strategy : defining the contractual framework, assessing costs and choosing the appropriate social protection scheme, immigration
- Drawing up contract documents as part of international mobility strategy : mobility policy, secondment agreement, expatriation amendment…
- Advice and assistance when using foreign service providers/subcontractors/temporary staff for work carried out in France : obligations prior to service contract execution, obligations during service contract execution, identifying areas of risk, preventative measures.
- Identifying areas of risk in consultancy / service provider contracts : analysing financial (URSSAF adjustment…) and penal (undeclared work, illegal supply of labour) risk, reviewing contracts and preventive measures, assistance with litigation procedure.
- Assistance with audits from the authorities : identifying the social security risk upon receipt of audit notices, assistance during physical audits, analysing proposed adjustments and drafting responses to letters of comments and managing discussions with the URSSAF.
- Assistance with litigation : helping decide litigation strategy, contesting formal notices, appeals against enforcement, managing the procedure before the Appeals Board, assistance and representation before the Social Security Court.
- Designing and presenting training modules on all subjects related to labour law, social security and work-related criminal law according to clients’ requirements
- Designing and presenting training modules on topical subjects as part of half-yearly inter-company training courses.