Interview between Mme Anne BOULAY, Editor-in-Chief of the V&MA magazine and Maître David HARTMANN and Mr LEBENTHAL from WAREMA France on the need to consult a lawyer early in France and the mutual effects between technological developments and legal consequences on French construction law.[Read more…]
Commercial Contract in France
In France the parties of a long-term distribution agreement have to adapt the notice period.
Notice period in France after long-term commercial relationship[Read more…]
Alaris Law is a medium-sized, international and modern law firm with headquarters in Paris. We not only represent your legal interests as attorneys in Paris and France but stand at our clients side as long-term partners. Our attorneys in Paris as well as the network of attorneys from our partner law firms are bilingual or speak three languages or more (French, English, German); therefore, we can advise our clients and contact partners in their native language.
Employers and employees can agree to mutually terminate the employment contract in line with a termination agreement, according to Art. L. 1237-11 to L. 1237-16 of the French Labour Code. This procedure differs from the dismissal procedure instigated by the employer and the unilateral termination by the employee.
The French authorities have provided a typified termination agreement online in the form of a standardised termination form [Read more…]
Barcol-Air, specialized in suspended ceilings, is a longtime client of Alaris Avocats, lawyers in Paris, and invited our colleague, Avocat Vanessa CHADEFAUX, for their Christmas party on a Seine boat. As always, it was laughed a lot and celebrated!
We would like to take this opportunity once again to thank Mr. Philippe LEBOULANGER and his team for their trust in our law firm and great cooperation!
Ten year anniversary of Warema France on the péniche “Rive droite”
The internationally operating German company and market leader for technical sun protection products Warema with its head office in Marktheidenfeld has invited on 27/09/2018 for the tenth anniversary of its subsidiary in France. In addition to employees and colleagues, numerous customers and guests were present. We also have the honor to work as lawyers for Warema France, which is legally involved in the construction and sales activities in France.
Mr. René Lebenthal, managing director and friend, who made Warema France in France what she is today, thanked his great team in a very emotional speech for his support. In fact, since the beginning of Warema France ten years ago, no employee has left the company and the mutual relationship of trust between the management and the team was clearly felt during the celebration!
We wish the company Warema France and the entire team a lot of success for the future and we would like to express our sincere thanks to all of you for your trust and the honor to work as lawyers for this company in France.
My special personal thanks go especially to René as well as Yasmina.
In the absence of any particular reference in the contract relating to the place of performance of the work, the French case-law has created the concept of geographical area to assess the scope of a change in the workplace: any change within the workplace in the same geographical area does not lead to a change in the contract and a mutual agreement is not needed.
In the same geographical area a transfer is considered as a simple modification of the working conditions, which is imposed on the employee. However, the employer must respect a reasonable time to inform the employee of his transfer. He is also required to explain his decision. It also admitted that a one-off trip outside this geographical area could, under certain conditions, be imposed on the employee. [Read more…]
Since January 2018, all companies in France, without conditions of employees, can conclude a collective settlement agreement (RCC) instead of a PSE which aims at facilitating the voluntary departures of the employees and dissociating them from the plans of safeguard of the employment (PSE). This arrangement makes it possible to provide, by collective agreement validated by the administration, for the termination of employment without any economic reasons or justifications. The RCC is an autonomous mode of breach of contract, exclusive of dismissal or resignation and cannot therefore be imposed by one of the parties (Article L 1237-17 Code du Travail).
This kind of settlement allows the employer and the employee on an indefinite-term contract (CDI) to agree on the terms of the termination of the employment contract between them. The RCC is possible without any legal reasons or justifications (i.e. economic reasons). A legal procedure lays down the procedures to be respected (drafting of an agreement of rupture and validation by the DIRECCTE). [Read more…]
Group dismissal procedure.
The Employment Protection Plan (PSE)
In this article, we present a dismissal procedure of more than 10 people within 30 days in a company in France with more than 50 employees. Actually there is another procedure to respect for companies in France with less than 50 employees.
An employer who is considering this kind of dismissal procedure for economic reasons must establish and implement an Employment Protection Plan (PSE). This Plan as well as the procedure (see below) is mandatory in companies with at least 50 employees, when the proposed dismissal concerns at least 10 employees over a period of 30 days. Its purpose is to avoid dismissals or at least to limit the number of dismissals, as provided for in Article L 1233-61 of the French Labor Code.
The PSE includes a reclassification plan to facilitate the reclassification of employees whose dismissal could not be avoided, particularly that of older employees or with social or qualification characteristics making their professional reintegration particularly difficult. Article L 1233-62 of the French Labor Code details the measures provided for by the PSE, such as: internal or external reclassification actions, new business creations by the company, etc.
All modes of dismissal, including early retirement and conventional unique settlements in the process is taken into account. [Read more…]
Any dismissal for economic reasons must be justified by a real and serious cause. The economic motive is defined by the Labor Code as a reason not inherent to the employee’s person, resulting from a deletion or transformation of employment or a modification, refused by the employee, of an essential element of the employment contract and consecutive of economic difficulties as technological changes, the cessation of activity of the undertaking or an reorganization of it necessary to safeguard its competitiveness.
In other words, the dismissal is motivated by economic reasons, originating either in the abolition or transformation of the employment of the employee concerned, or a modification of an essential element of the employment contract refused by the employee. [Read more…]
Alaris Law Party with Apéro Cheese & Wine – Let’s celebrate the summer together!
Like every summer, the famous “Cheese & Wine” law firm party took place this year just before the start of the French summer vacation. Compared to previous years, the party was not organized this time in the law offices but in a nearby restaurant. There was much laughter and it was warmly celebrated until after midnight to early summer temperatures.
We would like to thank all our friends and clients for coming!
The internationally active Facade construction company Frener & Reifer, headquartered in South Tyrol has invited to an inventory of the project Samaritaine. In addition to the participants for this project, there were also different architects, contractors and project managers.
The event took place in the Fondation Pathé in Paris, a building in which Frener & Reifer also played an active role and which was designed by Renzo Piano.
We also had the honor of being invited as lawyers of Frener & Reifer, which is legally responsible for the construction projects currently underway in France.
At the beginning of the evening, the actual project development and the technical and administrative features and challenges of the construction project SAMARITAINE were presented. After that we went to the second more cozy part of the evening and it was celebrated in an Italian way until late into the night.
We wish the company Frener & Reifer to continue this success and we would like to thank them and their team again for the trust and the honor to be involved in this extraordinary construction project as well as the other construction projects in France underway as lawyers.
My special personal thanks go to Mr Paolo SARDENA, Jean Claude BREHM, Olivier BERNARD and Anthony GAGNEPAIN.
Departure of the employee during the notice period: what effect on the repeal of the non-competition clause?
When the employer has not exempted the employee from carrying out his notice, he may repeal the non-competition clause during the execution of the notice. This is also the case even if the person stops working.
The employer may unilaterally repeal the application of a non-competition clause when this option is foreseen in the employment contract or the collective agreement (Cass, company 22-2-2006 n ° 04-45.406 FD 28-3-2007 No .: 06-40.293 FD). Otherwise, the employee’s agreement to the repeal of the clause is required. The employee is then released from his obligation of non-competition while the employer is not required to pay him compensation. [Read more…]
Civil and criminal liability of managing directors at a SAS.
To start with, the managing director’s liability must be distinguished from a company’s liability which is limited to the company’s share capital. By comparison, no such restriction applies to the managing director.
The managing director of an SAS may be held accountable in his or her capacity as executive leader both on the basis of his or her own actions or omissions and on the basis of the actions of the company or its employees. These regulations also apply to the so-called “dirigeants de faits”, i.e. managing directors who were not officially appointed by shareholder resolution but outwardly perform the same duties. [Read more…]
Notice of termination : Framework agreement for collective mutual termination agreements (accord collectif portant rupture conventionnelle collective)
No later than 1 January 2018, unless a “décret” has been previously promulgated as provided for in the “Macron Labor Law of 31 August 2017” (3rd ordinance), a so-called “framework agreement for several simultaneous collective mutual termination agreements” will be submitted to the employees regardless of the size of the company. This is already provided for in Art. L. 1237-17 and seq of the French Labor Code and will enter into force no later than 1 January next year.