Labor law in Neuilly-sur-Seine (92200)
Labour law
With specialized training and extensive experience in labor law, Ladjeroud Bounaas can advise and assist you in all your labor law issues, both in a consultancy and in litigation.
Me Ladjeroud-Bounaas advises employers, CSEs and employees on labor law in all sectors of activity and all national collective bargaining agreements (SYNTEC, Metallurgy, Pharmaceuticals, Banking, Insurance, Wholesaling....).
Ms Ladjeroud-Bounaas also works with employers, works councils and employees in the social economy sector.
Examples of topics covered:
Employers' side
- Are you hiring employees and need help drawing up a permanent employment contract (CDI) or a fixed-term contract (CDD)? Or do you already have a contract template and would like to review and validate the legal requirements?
Ms Ladjeroud-Bounaas can help you draw up all your employment contracts (permanent or fixed-term, full-time or part-time). She can also help you draw up special contracts or contracts containing a multitude of compulsory clauses provided for in the French Labor Code.
For example, a part-time contract must stipulate :
- weekly or monthly working hours,
- the distribution of the duration between the days of the week or the weeks of the month.
Me Ladjeroud-Bounaas can draft employment contracts in French or bilingual French/English, depending on the company's needs.
Karima Ladjeroud-Bounaas also assists you in all matters relating to employment contracts. She can help you check and correct the reason for using a fixed-term contract (increase in activity, replacement of an employee, etc.), as well as defining the collective bargaining agreement (CCN) applicable to the employment contract (SYNTEC, Banking, Pharmaceutical Industries, Metallurgy......etc).
In addition to analyzing pay slips, Karima Ladjeroud-Bounaas can also help you determine the professional steps and classifications defined by the applicable collective agreement.
On a more general level, and to ensure the security of your business, Me Ladjeroud-Bounaas offers tailor-made HR assistance and support to structures lacking human resources (start-ups, SMEs, VSEs, etc.).
Employees' side
- Are you a sales manager who needs to change status to become the structure's general manager? Would you like to know what's at stake and have a comparative overview of the elements to be negotiated before validating your change of status?
Me Ladjeroud-Bounaas will draw up a detailed comparison of the contractual elements to be included in your new remuneration package, and assist you throughout the process of validating your change of status and/or negotiating supplementary private insurance.
In terms of dismissal, it is important to distinguish between dismissal for personal reasons, inherent to the employee's person, and dismissal for economic reasons, which, by definition, is envisaged and/or pronounced for one or more reasons not inherent to the employee's person.
The French Labor Code (Article L1233-3) defines redundancies for economic reasons as those "carried out by an employer for one or more reasons not inherent to the person of the employee, resulting from the elimination or transformation of a job or a modification, refused by the employee, of an essential element of the employment contract, consecutive in particular to :
1° Economic difficulties characterized either by a significant change in at least one economic indicator, such as a drop in orders or sales, operating losses or a deterioration in cash flow or EBITDA, or by any other factor likely to justify these difficulties (...).
2° Technological change;
3° A reorganization of the company necessary to safeguard its competitiveness;
4° When the company ceases trading.
The redundancy procedure for economic reasons varies depending on whether the dismissal is individual or collective.
Depending on the size of the company, the number of employees affected by the proposed redundancy will make the redundancy procedure more restrictive.
- Are you an employer looking to secure the redundancy procedure for one or more of your employees?
Me Ladjeroud-Bounaas can help you define the economic reason (causal and material elements of dismissal for economic reasons) to be included in the letter of dismissal, which must comply with a number of compulsory legal requirements.
Me Ladjeroud-Bounaas will support and assist you throughout the redundancy procedure, from the opening of the procedure to its notification to the employees concerned.
Me Ladjeroud-Bounaas assists you with all your legal obligations prior to the proposed redundancy for economic reasons (definition of criteria for order, obligation to inform and consult employee representative bodies, search for and proof of outplacement efforts...).
- Are you an employee who wishes to contest the validity of a redundancy for economic reasons? Do you have any doubts about compliance with the order criteria or the legality of the procedure?
Me Ladjeroud-Bounaas assists and represents you before the Labour Court.
Professional misconduct is defined as wrongful or prejudicial behavior on the part of an employee in the performance of his or her employment contract and the obligations inherent therein. Misconduct may be recognized in the event of violation of internal rules previously defined within the company.
The jurisprudence distinguishes 3 types of fault:
The legal system governing professional misconduct, commonly referred to as disciplinary proceedings, follows a strict procedure. This means that the employer has a maximum of 2 months in which to sanction the misconduct. This period runs from the moment the employer becomes aware of the employee's misconduct.
Please note: it is not possible to impose two sanctions for the same offence. In practice, it is not possible to issue a warning followed by a reprimand or dismissal for the same offence.
Furthermore, when required to draw up internal rules (workforce ≥ 50 employees for 12 consecutive months), the employer may not impose any sanctions other than those provided for therein, with the exception of dismissal.
- You are an employee and have been disciplined?
- You are an employer and need assistance in the drafting of your acts to sanction a wrongful act?
- You have just learned that an employee has committed a fault and wish to initiate a disciplinary procedure?
Me Ladjeroud-Bounaas assists you in all stages of the disciplinary procedure, in case of a warning or dismissal project.
The individual contractual termination is a method of amicable termination of the employment contract. The conventional rupture implies a mutual consent of the parties and a precise procedure provided by the Labor Code.
The procedure of conventional rupture is subject to the respect of a calendar framed by the Labor Code and the approval of the DREETS (formerly DIRECCTE).
| The advantages of an individual termination agreement | |
|---|---|
| Employees' side | Employers' side |
| The contractual severance package entitles the employee to unemployment benefits and compensation at least equal to the statutory redundancy pay (which can be advantageous if the employee has significant seniority at the time of the proposed contractual severance package). | The severance agreement ensures rapid termination of the employment contract and avoids the cost of compensation in lieu of notice. |
- You are an employer and you need legal assistance in setting up preliminary interviews, calculating the legal indemnities due to your employee or calculating the deadlines?
Me Ladjeroud-Bounaas assists you and offers you partial or complete management of the individual termination agreement procedure and the preparation of all your documents related to the request for approval of the individual termination agreement.
Working time is at the heart of labor relations. It is an essential element of the employment contract.
The legal working week in France is 35 hours, or 151.67 hours per month. Certain employees are excluded from the legal working week, such as sales representatives, employees of apartment buildings and senior executives.
At the employer's request, hours worked in excess of the legal working week (35 hours a week or 1607 hours a year) entitle employees to additional pay for overtime and to mandatory time off in lieu.
The rate of overtime pay is set by company or establishment agreement or, failing that, by branch agreement. The rate may not be less than 10%. In the absence of an agreement, overtime pay is set by law as follows
- 25% for each of the first 8 hours of overtime (from the 36th to the 43rd included);
- 50% from the 44th hour.
Case law has established that it is the employee's responsibility, when claiming overtime pay, to present the judge (or industrial tribunal) with precise evidence of unpaid hours worked. In return, the employer must respond to the more or less substantiated elements of the employee's claim.
It is the employer's responsibility to put in place an effective means of controlling his employees' working hours.
Finally, there are various legal mechanisms for adjusting working hours to take account of the reality of your business and the sometimes fluctuating work patterns of your teams.
- You are an employer and need assistance in controlling the working hours of your teams? Do you want to know the legal or conventional possibilities of setting up a working time arrangement?
Me Ladjeroud-Bounaas can help you with all your working time issues and assist you with the different ways of organizing your working hours to suit your activity and structure.
- You are an employee and your employer does not pay you the overtime you requested?
Me Ladjeroud-Bounaas accompanies you in your amicable or contentious procedures for back pay.
The CSE (Social and Economic Committee) must be set up by means of professional elections as soon as the workforce has reached at least 11 employees for twelve consecutive months.
Depending on whether the workforce is between 11 and 49 employees, or reaches the age of 50, the CSE has more or less extensive powers, as set out in the French Labor Code.
The CSE is informed and consulted on all issues relating to the organization, management and general running of the company.
The CSE also plays an essential role in the field of health, safety and working conditions, since it analyzes the various occupational risks faced by workers and contributes, for example, to facilitating women's access to all jobs.
More generally, the French Labor Code stipulates that the CSE has the right to put forward proposals to improve working conditions, employment and vocational training for employees, their living conditions within the company, and the conditions under which they benefit from complementary collective guarantees.
- Have you reached the 11-employee threshold for 12 consecutive months and would like to organize professional elections? Would you like assistance with your CSE information and consultation obligations?
- you are a member of the CSE and would like assistance with your meetings?
- You are an employee representative and believe that your employer is undermining the normal functioning of your institution?
- Are you involved in a legal dispute concerning obstruction and would you like to be defended and represented?
Me Ladjeroud-Bounaas will provide you with legal and strategic advice on setting up the CSE and all your dealings with it.
More generally, Me Ladjeroud-Bounaas assists and represents you in disputes before the competent courts concerning the powers of the CSE and protected employees.
Moral harassment in the workplace is a source of stress and poor working conditions. In addition to creating a palpably bad atmosphere, it affects employee productivity and is one of the many causes of absenteeism and sick leave.
Moral harassment may not make much noise, but it does a lot of damage within a team, or even a company.
Moral harassment is legally characterized by repeated acts directed against an employee, the purpose or effect of which is to degrade working conditions in a way that is likely to infringe the employee's rights and dignity, alter the employee's physical or mental health, or compromise the employee's professional future.
Moral harassment may be committed by a superior or a colleague at an equivalent level.
In all cases, the employer is obliged to put an end to any situation of harassment as soon as he becomes aware of it. This is part of the employer's obligation to ensure a safe working environment.
Moral harassment can take many forms:
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an active form of moral harassment, characterized by aggressive or infantilizing behavior ;
and/or a passive form of moral harassment, characterized by the progressive sidelining or eviction of the employee, identifiable by a reduction or even withdrawal of missions and an absence of career development. -
Are you a victim of harassment in the workplace and wish to assert your rights? Me Ladjeroud-Bounaas can assist and represent you in your dealings with your management and in the event of litigation.
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You are an employer and wish to be assisted in a harassment alert procedure within your company.
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You are an employer and would like to train your teams in the benefits of benevolent management.
Maître Ladjeroud-Bounaas assists you in matters of moral harassment and provides training on good managerial practices within companies.
Maître Karima Ladjeroud-Bounaas
Karima Ladjeroud-Bounaas welcomes you in her Neuilly-sur-Seine office to answer your needs in advice and litigation in Labor Law, International Mobility, Social Security and Social Protection Law, as well as in Business Law.
Courbevoie, Levallois-Perret, La Garenne-Colombes, Paris 16, Paris 8, Puteaux, Suresnes, Clichy, Asnières-sur-Seine, Bois-Colombes, Colombes, Paris 17
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