Labor Law

Our firm works with companies with regard to ongoing employee relations matters, and, in that context provides counsel and assistance to internal corporate human resources departments with regard to applicable law and regulations in France. We are sometimes also asked to assist in the context of reorganization or restructuring of French companies, including French subsidiaries of foreign corporate groups, including companies in financial difficulty.

Examples illustrating the diversity of matters handled by the firm :

Employment contracts :

• Due diligence review of all labor contracts, collective bargaining agreements and labor-related matters, such as trade unions and election of employee delegates, for an airline company employing more than 1500 persons.
• Drafting and revision of employment agreements for a number of companies, in particular several in the chemicals and telecommunications sectors, involving approximately 500 employees.
• Drafting of employment contracts for employees of foreign corporations whose employment is subject to French labor law regulations. Drafting of employment agreements for senior executives of a group holding company.
• Due diligence review of all labor contracts for a company in the metal smelting business employing 49 people.

Labor Relations :

• Assistance and counsel to companies regarding election and designation of personnel representatives to the boards of directors and to various employees committees (such as Workers Committees, Health and Safety Committees, labor union representatives, etc.). Setting up elections of personnel representatives and assistance in the finalization of a pre-electoral protocol with labor organizations.
• Review of and counsel regarding various documents, in the context of reorganization of the French subsidiary of an American corporate group in the telecommunications sector (in particular relating to providing information to and consulting with the Workers Committee regarding a proposed reorganization of the company within the framework of the obligations defined in Article L 432.1 of the French Labor Code.
• Assistance and counsel in the international transfer of salaried employees within a corporate group of companies.

Layoff procedures and disputes :

• Representation of numerous employers regarding procedures for and disputes arising out of layoffs of employees, either on grounds of personal fault or general economic conditions (individual and collective layoffs).
• Negotiation and drafting of numerous settlement agreements resulting from layoff procedures (individual and collective) contested by employees.
• Representation before French labor courts of the French subsidiary of a leading U.S. company in the provision of call center services to businesses.
• Representation before the French courts of a salaried employee, member of the Workers Committee, in the context of a corporate reorganization in a corporate group in the pharmaceutical sector.
• Assistance and counsel to the human resources departments of several French companies with more than fifty salaried employees, in the context of carrying out collective layoff procedures based on economic reasons (procedures applicable to layoffs of ten or more employees within a thirty-day period), including assistance in the course of successive consultations of the Workers’ Committee in accordance with Books III and IV of the French Labor Code (in particular, drafting of an Employment Protection Plan) as well as negotiation with the competent French Administrative Authorities and litigation after notifying employees of the layoffs.
• Assistance and counsel to the human resources department of a company with more than fifty employees, in the context of setting up layoff procedures, based on economic reasons, affecting more than 100 employees.