The Laforgue law firm assists you in all aspects of labour/management relations:
We assist you in all aspects of labour/management relations:
Selection of the appropriate type of employment contract
Choosing the right and applicable collective bragaining agreement
Counsel regarding issues that arise in management of personnel
Termination of employment contracts
Litigation before all French courts
Dismissal of an employee must be for good cause.Concretely, that means that it must be based on one or more verifiable facts that constitute the true reason for dismissal.The facts invoked must be sufficiently serious to justify dismissal.Dismissal may be based on personal or economic grounds. Moreover, both employers and employee can agree to termination the contract by mutual consent
Counsel in labour law and representation of both em-ployees and employers in litigation throughout France. We represent clients in a full range of matters related to em-ployment, including disputes regarding wages, wrongful termination, retaliation and discrimination, harassment, and executive compensation, as well as disputes regarding social security and other payroll contributions
You are a foreign company that wishes to hire an employee in France but you do not wish to create a subsidiary or a legal structure in France. We are here to help you. Our firm takes care of all the steps from the drafting of the employment contract, the registration of the employee with the various organisations in France to the pay slips
Whether you are an employer or an employee, the Firm is qualified to assist and represent you before all courts and governmental agencies in France, wherever they are located.
We advise you at all stages of the proceedings and represent you before all courts in matters of labour law:
- Labour Court (Conseil de Prud’hommes)
- Social Security Court (Tribunal des Affaires de Sécurité Sociale)
- Court of Appeal (Cour d’Appel)
We are also qualified to edit Adviser's certificate in case of international settlement agreement.
Hiring in France (even without legal entity)
You are a foreign company that wishes to hire an employee in France but you do not wish to create a subsidiary or a legal structure in France.
We are here to help you. Our firm takes care of all the steps from the drafting of the employment contract, the registration of the employee with the various organisations in France to the pay slips.
Posting of employees
If your company wants to post employees temporarily in France, you must comply with several requirements and apply certain provisions specified in the French Labour Code, particularly regarding employees’ pay, working time and working conditions.
These regulations apply in situations where an employer, regularly based outside of France, gives its employees a specific assignment that must be carried out in France, with the intention that, once the assignment has been completed, the employees will return to their home country to work.
The rules for foreign-based companies’ transnational posting of workers to France apply to categories defined as follows:
Provision of services: The term "services" includes all activities of a commercial, industrial or agricultural nature carried out under a contract between a service provider and a beneficiary for an agreed upon price. It is especially applicable to all subcontracting operations (construction work, for example).
Intracompany mobility: Provision of staff for non-pecuniary purposes between subsidiaries of the same company or departments within the same company, for carrying out an assignment or for a period of training, for example.
Provision of employees for temporary work: A temporary employment agency, usually established abroad, may post employees to a user company in France.
Work on the company’s behalf: For example, a foreign company that owns fields in France temporarily posts its employees for harvesting crops.
Before providing the service, the employer must send a pre-assignment declaration in French to the “direction départementale du travail” (local labour authority) in the area where the service will be provided (or the first place of business, if the service will be provided in several places), by registered letter, fax or email.
Appointing a Representative in France is compulsory. Said representative will be on French soil for the duration of the posting and shall liaise with inspection agents,holding certain documents at their disposal, and which he may disclose to them in paper or electronic format.
What rules must be applied ?
During the posting of their workers in France, employers must comply with French rules on certain matters that are stipulated in a comprehensive list in article L. 1262-4 of the Labour Code.
The "French rules" cover:
Employers must therefore comply with the French provisions that apply to employees' terms of employment and working conditions.