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Safety – GDPR – Anti-corruption measures

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…

Other areas of expertise

Ancillary areas of expertise

URSSAF / Social Security

How to plan for an URSSAF inspection? What action needs to be taken on receiving notification of proceedings involving undeclared labour? In which cases is it appropriate to challenge an URSSAF ...

How to plan for an URSSAF inspection? What action needs to be taken on receiving notification of proceedings involving undeclared labour? In which cases is it appropriate to challenge an URSSAF inspection? Does the demand have to be immediately paid in full? [separation] ELSE is recognized for its expertise in URSSAF inspection assistance. Our lawyers’ technical competence, coupled with a great tenacity, ensures that companies’ chances of successfully challenging an URSSAF adjustment demand are maximized. Identifying risk areas (consultant / service provider contracts) Inspection assistance Employer support and representation before the Arbitration Committee and social security tribunals

Staff Representative Bodies – Works Councils

At what level should the works council be introduced? What aspects need to be anticipated with regard to works council elections? When should a health and safety commission be put in place? Can ...

At what level should the works council be introduced? What aspects need to be anticipated with regard to works council elections? When should a health and safety commission be put in place? Can the contents of the BDES (company economic and social database) be modified? Can the compulsory consultations by the works council and their timeframe be modified? When does a European works council need to be put in place? In which cases does the European works council need to be consulted? [separation] Changes in legislation mean that social dialogue is at the heart of modern labour law. Mindful of these changes, the firm provides its clients with assistance in their relations with staff representative bodies. Works councils /Local representatives: Impact study on set-up (health and safety commission, local representative, number of officers, delegation hours…), ad-hoc and compulsory annual consultations, contents of the BDES, relations with experts and consultation timeframes. Managing representative bodies within a group: elections and set-up in multi-business unit companies, allocation of duties between central council / business unit council, works council (drawing up agreements, nomination of the representative bodies), transnational bodies (negotiating and drawing up agreements for setting up a European works council).

Employment contracts and remuneration

How should a day-based remuneration agreement be worded to avoid any risk of subsequent litigation? In which cases should an invention clause be included? Should invention clauses include ...

How should a day-based remuneration agreement be worded to avoid any risk of subsequent litigation? In which cases should an invention clause be included? Should invention clauses include remuneration? What financial compensation should be envisaged in a restraint of trade clause? Does an employment contract have to include provisions on GDPR? [separation] ELSE assists companies with the issues encountered from the signing of the employment contract to its termination. Employment contract matrices Technical clauses: intellectual property, invention, restraint of trade, reimbursement of training costs, variable remuneration, objectives, telecommuting, personal data (GDPR)… Contract termination: assistance with decision-making and drawing-up documents, negotiating mutual consent agreements, evaluating severance payments and assessing industrial tribunal litigation risk. Company pay policy: drawing up policies relating to variable pay, commissions, fringe benefits and remunerating inventions.