Employment contracts and remuneration

How should an investigation be organized when a case of moral or sexual harassment has been reported? Which companies are required to negotiate an occupational health risk agreement? What is the procedure in the event of an employee being declared unfit to work by an occupational doctor? How long must employee files be kept? Can video surveillance evidence be used against employees? Can employees’ professional computer records and e-mail be accessed? What should be done if corrupt activities are reported? What should the code of conduct include? If obligations in matters of health and safety have always been at the forefront of employers’ responsibilities, recent legislative reforms have seen their scope widened further. Companies have become active participants in the fight against corruption and the protection of personal data.   Health and safety: company rules and regulations, psychosocial hazards, moral/ sexual harassment/ sexist behaviour surveys, procedures further to unfitness for work, gross misconduct… Personal data: Charters covering personal data management within the company, in compliance with GDPR, data conservation time limits, use of personal data as evidence in litigation proceedings, social networks etc. Anti-corruption measures: Setting up anti-corruption codes, outlining risk areas, “Sapin II” Law compliance audit, whistle-blowers’ status…

What preparations are required for compulsory annual negotiations (NAOs)? Can NAOs be scheduled at a different frequency? How can NAOs be implemented to take into account gender equality? Can exceptions be made to certain provisions in a collective agreement? How can a company agreement lead to cost-savings? [separation] ELSE provides companies and HR managers with innovative and pragmatic solutions in high added-value areas (working hours, remuneration, career management…). Identifying areas for optimizing collective statutes: adjusting provisions of a collective agreement by way of a company-level agreement, in particular in matters of working hours and pay, drawing up collective statutes tailored to the company and its business. Assistance with periodic negotiations: salaries, gender equality, the right to “switch off”, GEPP/GEPC Negotiating and drawing up specific collective agreements: performance, agreements, collective contractual termination and mobility leave agreements. Working hours: identifying business-specific needs (seasonality, unforeseeable variations, itinerant staff…), choice of appropriate legal regime, optimizing exclusion modifications through company-level agreements, assisting negotiations with union or employees’ representatives, drafting of agreements.

What preparations are required for staff expatriation? Secondment/expatriation: which status to choose for staff being sent overseas? What are the tax implications for employees going to work overseas? How should an international mobility policy be decided within a group? What requirements are there for a foreign employer hiring staff in France? How do foreign companies with no French-registered entity pay salaries and social contributions in France?   Companies of all sizes are faced with managing labour relations in an international context (foreign employees, expatriation, secondment…). ELSE is able to provide bilingual lawyers with the expertise and experience needed to assist its clients on all international issues. ELSE also has a network of preferred partners in high-growth international zones Europe, United Arab Emirates, North America for global support on all questions an international business might face (immigration, tax, insurance, local legal assistance etc…). Setting up overseas: staff expatriation or secondment, choosing the appropriate legal status, identifying and optimizing the applicable social welfare schemes (CFE, CRE IRCAFEX, bilateral social security arrangement, territorial extension, private insurance). Foreign employees in France: secondment, foreign service providers/subcontractors, identifying risk areas, residency permits, prior administrative authorisation, statutory provisions, workers’ rights. Location assistance for foreign companies: setting up in France (registering with the URSSAF, hiring, work permits), assistance with labour relations (employment contracts, disciplinary measures, termination, transactions…).