Staff Representative Bodies – Works Councils

PERCO or excess retirement pension scheme (Article 83)... what is the best scheme for topping up your employees’ retirement pension? How should the profit-sharing payments be made? How can an effective profit-sharing agreement be implemented when a company has several business units? What are the rules regarding the distribution of free shares to employees? [separation] Employee savings schemes are a lever for optimizing salaries. ELSE provides assistance with the setting up of employee savings schemes and employee share ownership plans adapted to each company’s needs. Profit-sharing: Auditing the structuring and optimization of group profit-sharing schemes, drafting and securing agreements (collective and fortuitous character), replying to observations made by the DIRECCTE, assisting in the event of any questioning of social contribution exemptions. Savings schemes: PEE, PEI, PEG, PERCO, PERCOG, managing matching contributions… Worktime savings scheme (Compte épargne temps - CET)  Employee and management share ownership: bonus shares, BSE, BSPCE, stock options

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.

In which cases should a transition agreement be put in place? Is it preferable to negotiate an anticipatory substitution agreement? Which social status applies after a merger/ spin-off/ partial transfer of assets? What consequences does a retroactively-effective merger have on profit-sharing? Which procedure needs to be implemented when making more than 10 employees redundant for economic reasons? How is a collective contractual termination applied? How to determine the job positions impacted by a collective contractual termination? How can a reorganisation be carried out in the absence of any economic difficulty? How to negotiate a collective performance agreement? [separation] Whether it’s a merger-acquisition, demerger, partial transfer of assets or reorganisation due to economic difficulties (job preservation or voluntary redundancy scheme), ELSE puts its technical and strategic expertise at its clients’ disposal throughout the restructuring process. Social impact studies: costed estimation of the harmonizing of collective statutes, employee salaries, working hours, staff representative bodies, employee savings schemes, benefit schemes… Individual and collective redundancies for economic reasons: identifying the economic basis, procedural calendar, drawing up documents, consulting with works council, calculating severance payments and evaluating industrial tribunal litigation risks. Job preservation schemes (PSE)/ Voluntary redundancy schemes (PDV): economic report and measures included in the PSE, procedural calendar, agreement on methods, consulting with works council/European works council, redeployment procedure, termination notices, PSE follow-up and assisting with litigation.