French Labor & Employment

Provisions of French law and European Union regulation govern virtually every aspect of the employer/employee relationship in France. Accordingly, it is not possible to operate a business in France or to buy or sell a business activity in France without effective labor and employment law representation. To assist our clients in complying with this complex scheme and in avoiding, wherever possible, costly and disruptive legal action, Hughes Hubbard & Reed’s Paris Office offers an exemplary team of specialists who are dedicated to providing practical, comprehensive and up-to-date expertise in this field.

PRACTICE AREAS

•  Individual Employment Relations

Hughes Hubbard’s French Labor and Employment Group regularly advises clients on the negotiation and preparation of all types of employment contracts and their respective mandatory clauses, and other hiring formalities, as well as salary, social security contributions, business expenses and fringe benefit issues. The Group assists clients in connection with specific laws applicable to particular employee situations, e.g. managerial or executive positions, temporary employment situations, temporary assignments, transfers and expatriation, and aspects of European and international law.

We also advise clients on individual relations with employees throughout the term of the employment contract concerning matters such as intra-group mobility (in France or abroad), career development, demotion and disciplinary procedures.

The Group has particular expertise in dealing with the termination of employment contracts, including layoffs, dismissals, negotiated terminations of employment contracts and employee retirement.

We also advise employers on matters involving employees entitled to specific protections due to their status or physical condition, such as personnel representatives, victims of work injuries or illness.

• Collective Employment Relations

Our Labor and Employment Group regularly advises companies in connection with all aspects of their collective employment relations and agreements, including negotiation of salaries, work conditions, working time, provisional management of positions and skills (GPEC) with the elected employee representatives as well as those appointed by trade unions.

The Group provides clients with advice and assistance on the labor aspects of corporate compliance, implementation of international and European provisions covering the drafting and application of codes of ethics, charters on the use of IT resources and internal regulations….

The Group’s lawyers also have considerable experience in dealing with cases of harassment and our lawyers have developed specific expertise in connection with litigation relating to harassment within the corporate structure.

Our Group also counsels companies in their day-to-day relations with Personnel Representative Organizations and the Labor Administration, in addressing such issues as company-wide elections, and the setting up of, and subsequent dealings with, Employee Works Committees within France and at European level.

Finally, the Group assists companies with the implementation of restructuring, outsourcing and employee reduction plans, which are particularly complex in France. Our attorneys are experts in advising clients in the formulation and implementation of such plans and accompanying measures and programs. Our assistance includes anticipating and, if need be, managing emergencies which can arise during the implementation process.

• French Corporate Employment

Corporate transactions such as mergers, acquisitions and spin-offs are affected by complex labor law provisions which can delay -- and even threaten -- their completion. While these constraints affect all companies, they are particularly applicable to subsidiaries or companies destined to become subsidiaries organized in such a way that the true decision-making takes place at a level outside of the legal structure of the company that is responsible for the employees’ pay and other duties.

In this complicated environment, company directors need legal advisors with a high level of expertise in both company law and labor law. Such counsel can identify the labor obstacles that may impinge on the transaction right from the start and seek solutions to prevent these constraints from holding up the project and impacting performance.

To meet this need, our Corporate Employment Group is comprised of lawyers who are specialized in company law and expert in complex corporate transactions and lawyers concentrated in labor law who are specifically qualified in areas of audits and management of staff members, as well as relations with employee representation bodies.

The Group is primarily designed to provide advice and assistance in the implementation of corporate transactions but is also qualified to handle disputes and litigation if necessary. Our attorneys are particularly skilled in handling problems which may occur in the context of the following situations:

• Restructuring: employee transfers, redeployment of personnel and reductions in the number of employees;
• Acquisitions and Dispositions: integration of new teams with existing teams;
• Outsourcing: external redeployment of employees whose activity is externalized by the original company;
• Reindustrialization: redeployment of employees to other activities developed by external companies;
• Reorganization: management of employment by companies in financial difficulty and, where relevant, companies in receivership or other procedures.

The members of our Corporate Employment Group regularly work as part of task forces and steering committees with the legal and human resources departments of our clients and with consulting firms specializing in areas associated with management changes, such as management coaching and mentoring, organization, accounting, recruiting, team evaluation and crisis communications.

• Salaries and Employee Benefit Plans

Our Labor and Employment Group regularly advises clients on the rules governing salaries, fringe benefits, and the establishment and implementation of specialized benefit plans. We also prepare the documentation for such plans, including profit-sharing and contribution schemes, contingency and supplementary retirement plans and employee savings, stock option plans…

• Social Welfare, Industrial Hygiene and Security

Our lawyers are experts in all aspects of the French social security system as well as private health insurance, and death and disability schemes. The Group also advises clients regarding issues and responsibilities related to industrial hygiene and security, dealings with the Committee of Hygiene, Security and Work Conditions (CHSCT), work-related accidents and illnesses and asbestos.

• Employment Disputes and Litigation

The Group assists clients in the resolution of all manner of employee-related disputes, including individual and collective employee disputes and harassment. Of course, some litigation cannot be avoided, and our litigation specialists have a very high level of expertise in proceedings before the labor, administrative and criminal courts, as well as the social security tribunals.

• Labor and Compliance Audits and Due Diligence

As companies strive to avoid problems before they arise, labor and compliance audits concerning clients’ labor practices, policies and procedures have become an increasingly important aspect of our practice. Similarly, due diligence regarding labor matters is a crucial component of any acquisition transaction. The ability to conduct such audits and due diligence in an efficient and cost-effective manner is of great importance to clients, and we have junior lawyers who are specially trained to do just that under supervision of a senior member of the Group.

Thierry Brezillon is a partner and the senior member of the Group.  He has practiced in all aspects of the field of labor and employment law since 1971.  In addition to general consultation and advice, his areas of expertise are employment disputes and litigation and matters involving collective employment agreements and executive employment.  He also is expert in French bankruptcy law and procedures.

Nadine Voisin is a partner and she has practiced in labor and employment law since 1980.  She renders advice and consultation to clients on all facets of the employee relationship, with particular expertise in matters involving individual employee relations, employee works council relationships and procedures, compliance audits and due diligence and employee reduction plans.

Isabelle Benisty is a senior associate in the Group.  She has practiced since 1987 and is in charge of the labor litigation department at Hughes Hubbard.  She specializes in the areas of employee disputes and litigation, hygiene and security.

Anne Blamart has been an associate since 1993.  She provides general advice on labor and employment matters with special expertise in employee reduction plans and also has large expertise in litigation.

Anne Wolff has been an associate since 2004.  She provides general advice on labor and employment matters.