Collective bargaining and labour relations
Because labour relations are part of a company’s day-to-day activities, Capstan’s lawyers support companies in the life of their staff representative bodies and in their relations with social partners. Capstan Avocats has recognised expertise in the sensitive field of collective bargaining.
Capstan Avocats provides advice to numerous occupational sectors for the establishment and monitoring of collective agreements and social dialogue.
The firm supports several thousands of companies in the negotiation of their collective agreements.
Capstan Avocats advises companies for setting up and managing staff representation bodies (works councils, European works councils, Central Works Councils and works committees, Health, Safety and Working Conditions Committees, staff representatives, etc.).
The firm is involved in collective litigation in connection with staff representation bodies and collective agreements.
Capstan Avocats regularly delivers training sessions for in-house operational teams on the management of staff representatives.
- Mandatory negotiations
- Conclusion and interpretation of collective agreements
- Mandatory information and consultations
- How staff representative bodies work
- Union rights
- Working hours
- Vocational training
- Forward planning of employment and skills
- Management of collective movements (strike, occupation of premises etc.)
- Collective agreement and union delegate appointment disputes
Individual working relations
As a preferred partner, Capstan Avocats advises companies on all issues relating to the individual management of their human resources, taking into account the legal and contractual environment, developments in case law, the constraints on the activity, the company's strategy, its challenges and its social policy.
From hiring to firing, Capstan's lawyers advise their staff on the application of labour regulations and ensure that solutions are put in place which are suitable for the company and which are consistent with best practice. Capstan Avocats assists and represents companies in all individual litigation.
- Preparing to hire a French or foreign employee and choice of the type of employment contract (permanent contract, fixed-term contract, temporary, etc.)
- Drafting and amending employment contracts with special attention given to sensitive clauses (pay, working hours, mobility, non-competition, intellectual property etc.)
- Employee evaluation process
- Disciplinary procedures and breaches of the employment contract (resignation, “rupture conventionnelle” [amicable agreement to end a contract], dismissal, etc.)
- Advice in the management of relations with directors (combined employment/corporate office contract, delegations of authority, breach etc.)
- Managing subcontracting and staff provision situations. Setting up expatriation and secondment situations, in collaboration with partners from the Ius Laboris alliance if needed
- Day-to-day advice in the application of regulations (internal regulations, paid leave, payroll, training, etc.)
- Individual litigation
Social management of mergers and acquisitions
Capstan Avocats supports French and foreign companies in the development of their organisations: modification of legal structures (mergers, acquisitions, sales, outsourcing, etc.), or operational structures.
Capstan Avocats has in-depth knowledge of all legal issues relating to human resources and advises in-house teams, from the design of strategic plans to their implementation and monitoring of their consequences..
The firm supports companies in their acquisition, sale or reorganisation projects, together with all stakeholders:
- Transfer of employment contracts
- Effects of the operation on collective statutes (collective conventions and agreements. etc.)
- Impact on social security schemes (pension, insurance benefit schemes)
- What happens to staff representative bodies
- What happens to employee share ownership and employee savings
- Renegotiation of collective statutes
- Carrying out social audits
- Evaluation of financial issues
- Definition of strategy, schedules, support in negotiations
- Preparations of information/consultation and communication documents
- Litigation related to the challenging of collective agreements
Social audits, social performance evaluation and corporate social responsibility
Capstan Avocats supports companies during compliance audits, reducing the cost of acquisition or in a Corporate Social Responsibility (CSR) procedure. Capstan Avocats’ expertise in labour law and the experience of its teams means that a complete analysis and objective assessment can be carried out of the company's practices and the resultant risks, in order to implement any corrective actions and support a procedure for a social performance evaluation or setting up a CSR mechanism.
For acquisition operations, the firm rapidly mobilises an optimum team in terms of number and technical ability to carry out social audits (due diligence) and an evaluation of social liabilities, and to draw up appropriate contract clauses.
The integration of Capstan Avocats within the Ius Laboris alliance also enables the firm to offer coordinated operations at an international level for transnational acquisition projects.
Restructurings and social plans
Capstan Avocats is involved in the preparation and management of restructuring and downsizing plans (employment forward planning, redundancy for economic reasons, employment safeguard plans, voluntary redundancy plans, management of collective disputes, etc.).
Capstan's lawyers support in-house teams at all stages of these strategic projects for the company, in conjunction with all stakeholders.. They also support companies in any individual or collective litigation, either in summary procedures or procedures on the merits of the case, related to these projects.
- Defining strategy and timetables
- Preparation of information/consultation and communication documents
- Management of relationships with staff representative bodies, experts, work administration, employees
- Monitoring of negotiations and formalising of collective agreements (framework agreements, etc.)
- Project implementation (redeployment and dismissal procedures, monitoring the employment safeguard plan, etc.)
- Reconsideration of restructuring and employment safeguard plans
Pay, employee savings and employee share ownership
Capstan Avocats advises companies in defining the most appropriate structure for individual and collective pay, as well as in formalising immediate and deferred pay policies.
The firm designs national and international incentive, employee savings and employee share ownership programmes with companies, so they can attract and retain talent, increase the motivation and involvement of employees and make them share the objectives of the company.
Capstan Avocats has and offering dedicated exclusively to employee share ownership programmes and employee saving schemes through Capital Ingénium (www.capitalingenium.com), in partnership with the firm Ayache, Salama & Partners. This collaboration brings together the respective expertise of both firms in terms of labour law, company law, financial law and tax law, in order to offer a complete service to companies.
- Profit sharing
- Employee savings schemes (PEE (company savings plan), PEI (inter-company savings plan), PERCO (collective pension fund), etc.)
- FCPE (Employee investment scheme)
- Free shares/performance shares
- Stock options
- Restricted stocks
- Phantom shares
- Litigation related to the loss of employee incentive tools
Since the wages bill is one of the key elements in the profit and loss of companies, Capstan Avocats advises its clients in the application of social security legislation, as well as the control of social welfare agencies.
The firm advises companies on the implementation of corrective actions following a compliance or acquisition check or audit.
Capstan Avocats acts in litigation before social security jurisdictions:
- Business expenses
- Employee benefits
- Employee savings
- Social Security
- Support during inspection operations
- Drawing up submissions
- Procedural documents
- Disputing accidents at work and occupational illnesses
- URSAAF (Social Security contributions collections agency) disputes
Pensions and insurance benefit schemes
Capstan advises companies in the design and setting up of additional insurance benefit and supplementary pension schemes.
Capstan is involved in all stages of the life-cycle of a complementary social security scheme, in connection with insurers and scheme managers.
When there are restructuring, merger or social audit operations, the schemes are given special attention in order to ensure the legal security of the company and to optimise scheme management.
- Conducting a study on the setting up or reworking of social security schemes
- Negotiating and formalising schemes (drafting agreements, unilateral decisions and information documents, etc.)
- Revision and cancellation
- Additional social security scheme disputes
Individual and collective disputes
Capstan Avocats makes its experience available to companies in all disputes connected to the management of human resources..
Beyond their role of giving ongoing advice to the company, Capstan's lawyers act in all jurisdictions (court of the first instance, the High Court, industrial tribunals, Courts dealing with Social Security cases, administrative jurisdictions, criminal jurisdictions etc.), in all individual and collective disputes initiated against or upon the initiative of the company or its directors.
Capstan Avocats works with the company to define the most appropriate legal strategy for its economic and social organisation and its objectives.
The fact that Capstan Avocats has a presence throughout the country helps to ensure there is a local presence with excellent responsiveness and optimum knowledge of jurisdictions.
Criminal law related to employment
Through their day-to-day work of advice and training that they provide to companies and their directors, Capstan's lawyers ensure the legal prevention and management of criminal risk within the company.
Prevention work is provided by setting up adequate delegation of authority to ensure both the effectiveness of the prevention policy and better protection of the chief executive officer.
Capstan Avocats also assist companies, their directors and their employees in the preparation and monitoring of criminal proceedings instigated against them and provides their defence in criminal courts..
- Hindrance offence
- Use of insecure contracts
- Working hours
- Health and safety
- Illegal supply of workers and illegal subcontracting
Because company life is becoming more and more internationalised, Capstan Avocats supports its clients in their issues relating to international mobility.
The firm advises its clients when they set up in France or for the hiring of foreign employees.
As a member of Ius Laboris, Capstan Avocats manages transnational situations, which involves taking account of all specific issues and local requirements.
- Determining the applicable law and suitable contractual structure, and drafting appropriate contract clauses
- Social and fiscal definition and optimisation of pay and social benefits systems
- Managing social security issues: secondment, expatriation
- Relations with external partners: government bodies, social agencies, insurers, brokers
- Work and residence permits
- Managing the severance of contractual relations with an employee in international mobility
Health and safety, and psychosocial risks
Restrictions weighing on companies are increasingly strong (duty of care, performance obligation, obligations to negotiate on hardships associated with the job, psychosocial risks, etc.).
Capstan Avocats supports companies in the design of their health and safety policy and in the implementation and monitoring of appropriate solutions.
The firm is involved in disputes relating to health and safety before all competent jurisdictions (High Court, industrial tribunals, courts dealing with Social Security cases, criminal courts, etc.).
Capstan Avocats offers training sessions on risk prevention in the company (harassment, psychosocial risks, relations with the Health, Safety and Working Conditions Committee, etc.).
- Setting up of the Health, Safety and Working Conditions Committee (setting up information/consultation procedures, whistleblowing, assessments etc.)
- Risk prevention in the company (occupational risks evaluation document, co-activity situations, etc.)
- Negotiation and drafting of company agreements (agreements on hardships associated with the job, psychosocial risks, etc,) and information documents on employees, and consultation with staff representatives
- Managing delegations of authority appropriate for the structure of the company
- Managing crisis situations (accidents at work, harassment, etc.) or conflict situations (gross negligence, etc.)
- Relations with government employment bodies
- Disputes regarding appraisals, accidents at work and occupational illnesses
Capstan Avocats prefers to prevent litigation and favours negotiation.
Our clients' cases are, in addition, examined rigorously, creatively and in their entirety, taking account of the issues and constraints.
Capstan's lawyers support and advise their clients, with the same level of service in France and internationally. They represent them as appropriate before competent jurisdictions. Finally, they also deliver resolutely pragmatic training on very varied topics.
We cover all areas of labour law.