French social law
what is it ?
Developed in the 19th century to relieve the social problems that arose from the industrial revolution, the concept of “Social law” covers all the rules governing individual and collective labour relations. It includes Labour laws and Social Security laws. Its wide remit covers the field of health at work – occupational accidents, illnesses and incapacity – and, more generally, the safeguarding of fundamental rights and human dignity.
The particularities of labour law
As a branch of social law, labour law provides a legal framework for relations between business owners and their employees.
Labour laws come from a variety of sources :
- National (laws and statutes laid down at national level, decrees and regulatory acts, all the case law of the Court of Cassation – Supreme Court – and sometimes the Court of Appeal, etc.);
- International (International Labour Organisation, European Convention on Human Rights, etc.);
- Professional (collective agreements, company rules, individual employment contracts, etc.).
To this list should be added usages and customs which are not the subject of written texts, but are common practices within the company or even traditions existing at regional or local level.
The El Khomri law (law no. 2016-1088 of 8 August 2016) and the so-called Macron ordinances (law no. 2018-217 of 29 March 2018) give a more important place to dialogue between employers and employees, which allows for the expression of their genuine needs.
Labour law comes into play when various problems may arise, such as a dispute based on a point of law and which makes it necessary to evoke the legal rule.
Why use the services of a lawyer who is an expert in Labour law?
Each decision taken by the entrepreneurs has an impact on the finances and on the sustainability of their business and on the preservation of jobs.
In companies, the role of a lawyer practising employment law consists of guiding the managers on a daily basis in order to provide them with the legal elements necessary to make the right choices.
In this context, his role has two main objectives :
- Legal counselling: The lawyer provides legal and logistical support and advises the entrepreneur on labour law issues, from social consultation to social auditing.
- Defending the rights of employers and employees: The labour lawyer assists and represents his clients in all stages of a procedure, whether it is a disciplinary procedure, a dismissal or a contractual termination of an employment agreement.
In the field of labour law, the support of a qualified professional may be essential. As a real legal safeguard, his intervention upstream makes it possible to limit legal recourse. He can also assist the employer and employee in resolving their conflicts internally in order to reach a settlement that both parties feel is fair.
A key partner for the entrepreneur
A specialist in labour law is familiar with the different phases of a company’s life.
The creation of a CSE (a staff representative body), for example, is compulsory for any company with 11 employees or more (full-time or equivalent) for 12 consecutive months. As soon as the negotiations with the trade unions are underway with a view to drafting the pre-electoral agreement, a lawyer can provide a legal framework for its implementation. Besides, he supports the human resources managers by providing them with a more global vision of the company’s needs and constraints.
In addition, he carries out a social audit in the context of a company transfer with the aim of preventing risks linked to dysfunctions in the workplace that can have serious human and financial consequences. For example, an employment guarantee clause in the event of a company transfer or a wrongly applied collective agreement given the company’s field of activity.
Basically, the main role of an employment law expert is to anticipate problems and do everything possible to prevent them from occurring. In this way, he allows the entrepreneurs to free themselves from this mental burden in order to give them more time and resources to devote to the growth of their companies. And, ultimately, his intervention preserves their health by eliminating a source of stress.
Not only large companies need the services of a lawyer. Avocats Antomarchi & Associés
offers support to the managers of small and medium-sized companies so that they can rely on a qualitative and efficient legal service.
A real turnkey support to assist the entrepreneurs in their activities:
Services for companies and employers
- Collective consultations
- Setting up CSE (staff representative works council)
- Social audit and HR reports (business transfers)
- Disciplinary and grievance procedures
- Procedures for terminating permanent employment contracts (by mutual agreement or by dismissal for simple or serious fault, lay-offs for economic reasons or for redundancy, inability to perform duties)
- Employment and social welfare litigation (before the Court of First Instance and before the Court of appeal)
Services for employees
- Advising on settlement agreements
- Employment and labour litigation (claims for unfair dismissal, for disciplinary measures, sexual and moral harassment) and social welfare (industrial accidents, occupational diseases, retirement)
Avocats Antomarchi & Associés
Avocats Antomarchi & Associés provides advice on employment law, but also on commercial law and tax law. The firm offers advice that is totally personalised and adapted to your needs in order to inform you, help you prevent risks, assist you in your strategic choices, defend your interests and represent you in the relevant court.