Depending on the profile of the recruited employee, it may be necessary to insert special clauses in the employment contracts in order to strengthen the legal safety of the employment relationship.

This may include:

• a non-competition clause (what conditions must be met to be enforceable?),
• variable remuneration (details of calculation methods are essential),
• a company vehicle,
• forfeiture, exclusivity, or confidentiality,
• a flat rate pay agreement covering days worked (does the collective agreement allow the use of this type of agreement and under what conditions).

Our legal experts carry out an in-depth analysis of your needs and requirements to best suit the specificity of the job in the interest of your company's development. They can advise you on whether and how to incorporate these specific clauses into your employment contracts when hiring.

There are several reasons why an employment contract may be terminated: either for reasons impacting the company's situation (economic dismissal) or for reasons inherent to the employee (disciplinary dismissal, incapacity, professional inadequacy, etc.).

Alternatively, under certain circumstances, the contract can be terminated by mutual agreement.

Prior to the envisaged termination, the following factors need to be taken into consideration:

• type of employment contract (permanent contract, fixed-term contract, apprenticeship, professional training, etc.),
• employee's situation (contract suspension, special protection, seniority, age...) as well as that of your company to initiate the procedure.

Different deadlines and conditions apply to each termination.

Fideliance’s employment lawyers are on hand to help you deal with contractual issues in the workplace. To secure the termination of employments contracts, they will guide you through the process and provide help with drafting the documents required for the procedure.

When faced with a reduction in activity due to economic difficulties, a natural disaster or the economic situation affecting staff employment, you can benefit, under certain conditions, from the partial activity scheme.Partial unemployment is intended for all employees who are eligible for financial assistance if they satisfy certain basic criteria.

Partial activity was instrumental in helping companies to preserve employees' jobs during the economic and social crisis caused by the covid-19 pandemic.

We are on hand to provide advice when it comes to making partial unemployment decisions, as well as guidance and assistance to support you in the preparation of an application for authorisation.At the same time, our teams can help with payroll processing and aid payments under this scheme.

You wish to involve your employees in your company's growth. Whether used as a tool to encourage employee engagement or as a lever for optimising salaries, considering the tax and social security exemptions thatmay apply, employee savings schemes are a solution to consider.

Several legal mechanisms are in place for this purpose and may be implemented separately or in combination: profit-sharing, participation, time-saving accounts, etc.

If you are considering setting up un employee saving scheme, our legal experts can provide detailed information about how share schemes work and their potential benefits to your employees. They will take into consideration your objectives and financial means and propose solutions that meet legal and regulatory requirements regarding the application of advantageous social and fiscal measures.

Employee representation at the workplaceis subject to detailed regulation. Depending on the size of your company, you may be required to set up a Social and Economic Committee (CSE).

This requirement should not be neglected considering the potential consequences for the social management of your company in the event of non-compliance.

Once set up, we provide guidance on how to manage meetings with the CSE and help you address any other issues that may arise in this context.

Do you have questions about compliance with labour obligations?

About good internal practices?

Do you want to change the existing labour rules in your company?

With these considerations in mind, get in touch with our legal team to conduct an overall audit of your company or carry out targeted checks (employment contracts, salaries, social charges, internal agreements, etc.).

By means of observation, analysis, and evaluation, we establish a diagnosis of your company and make recommendations for compliance in the areas of labour law, social protection, and human resources.

The existence of an employment contract brings up a whole range of questions on a daily basis:

• discipline;
• working time;
• the employee’s compensation;
• employee absence;
• extra workload…

Our lawyers offer a full range of employment law support services, including implementation, drafting, and formalisation of all your internal documents:

• memoranda,
• company agreements,
• charters or action plans

These agreements require applying certain precautions to ensure compliance with your legal obligations. They can cover different areas: working hours, Sunday work, night work, video surveillance, geolocation, internal regulations, teleworking, right to disconnect, RGPD, etc.

We also have extensive experience of the issues relating to:

• mandatory posting,
• Single Occupational Risk Assessment Document (DUERP),
• gender equality,
• mutual insurance and provident fund,
• ongoing training needs ...

Providing you with the full support you need for your daily legal responsibilitiesallows you to quickly resolve issues related to staff management.This means you can focus on the growth of your business, knowing that the important aspects of your organisationare being taken care of.