01
Employment contracts and individual employment relationships
Employment law in its entirety.
Capstan has developed in-depth expertise in all areas of employment law and social protection, both in France and internationally. Our lawyers, experts in employment law, provide their clients with fast, global, innovative and appropriate solutions, while limiting the risk of litigation to a minimum.
Capstan assists and represents companies in all aspects of contract management.
- Preparing the recruitment of a French or foreign employee (work permits) and choosing the type of employment contract (permanent, fixed-term, temporary…), organising the trial period
- Drafting and amendment of employment contracts with particular focus on sensitive clauses (remuneration, working hours, mobility, exclusivity, non-competition, performance objectives, confidentiality, intellectual property, etc.) and part-time employees’ contracts
- Employee evaluation process, professional interviews
- Organisation of disciplinary procedures and termination of the employment contract (resignation, contractual termination, dismissal, etc.)
- Counselling in the management of relations with managers and officers: combining an employment contract with a corporate office, delegation of powers, termination, etc.
- Managing subcontracting, provision of staff and employee subleasing situations.
- Daily counselling in the application of regulations (internal regulations, paid leave, payroll, training, etc.)
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02
International mobility
Capstan Avocats assists its clients with issues relating to international mobility and transnational matters, in particular within the framework of the Ius Laboris International Alliance of which it is a founding member.
- Contractual structure
- Social optimisation
- International law
- Third party relations
- Work and residence permits
- Termination
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03
Working time
Our lawyers advise managers on individual employment relationships, employment contracts and all issues related to the management of employment relationships and human resources.
- Implementation of annualised days or hours agreements
- Multi-week, annual or multi-annual working time arrangements
- On-call shifts
- Night shifts
- Weekend shifts
- Time Savings Account (TSA)
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04
Dismissal and contractual termination
Our lawyers dedicated to dismissals and contractual terminations help their clients in choosing and securing the appropriate method of termination of the employment relationship.
- Individual dismissal or dismissal on economic grounds (individual or collective)
- Employment Protection Plans (PSE- Plan de sauvegarde de l’emploi) (formerly social plans)
- Alternatives to dismissal on economic grounds
- Voluntary Departure Plans (VDP)
- Individual or collective contractual termination
- Transactions
- Retirement and compulsory retirement
- Optimisation of the social and tax regime for severance payments and settlement payments
- Assistance in negotiations and in the organisation of information-consultation procedures, relations with employee representatives
- Managing the risks of litigation
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05
Reorganisation and restructuring
Our law firm covers all issues relating to restructuring and assists French and foreign companies in the evolution of their organisations.
- Employment contract transfers
- Impact of the operation on the collective status
- Future situation of employee representation bodies
- Future status of employee share ownership and employee savings schemes
- Renegotiating collective statuses
- Conducting social audits
- Financial issues assessment
- Defining a strategy, timetables, support in negotiations
- Preparing information-consultation and communication documents
- Litigation arising from challenging collective agreements
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06
Remuneration
Capstan Avocats advises companies in defining the structure of individual and collective remuneration.
- Incentives
- Profit-sharing
- Employee savings schemes
- Corporate mutual fund
- Free shares / performance shares
- Stock options
- Restricted stocks
- Phantom shares
- Litigation related to the loss of employee incentive tools
- Implementation of equal pay obligations, notably between women and men
- Securing remuneration schemes
- Litigation
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07
Employee representatives
Our lawyers specialised in employment law assist companies in the daily operations of their employee representative bodies and in their relations with social partners.
- Organising professional elections and electoral disputes
- Mandatory information and consultation procedures
- Operation of employee representative bodies
- Committee on Health, Safety and Working Conditions (CSSCT- Commission santé, sécurité et conditions de travail)
- Local employee representatives
- Trade union law
- Litigation regarding the appointment of trade union delegates
- Working time
- Vocational training
- Anticipatory management of jobs and skills
- Managing collective movements
- GDPR
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08
Collective bargaining
Our lawyers specialised in collective bargaining assist employers in their collective bargaining and advise numerous industry branches on the implementation and monitoring of collective agreements and social dialogue.
- Negotiation with or without trade union delegates
- Assistance with the organisation and conduct of mandatory periodic negotiations
- Collective status flexibility tools
- Industry branches
- Divisional merger
- Conclusion and interpretation of collective agreements
- Litigation relating to collective agreements
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09
Supplementary social protection
Capstan advises companies on the design and implementation of top-up pension and provident schemes in the field of social protection law.
- Reflection on the implementation or redesign of social protection schemes
- Healthcare costs
- Provident schemes
- Pension schemes
- Negotiation and formalisation of schemes
- Review and termination
- Litigation on supplementary social protection
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10
Occupational health
Our lawyers specialised in occupational health assist companies in the design and implementation of their “health and safety/quality of life at work” policy.
- Risk prevention
- Survey procedures
- Social management
- Delegation of power
- Crisis management
- Third-party relations
- Litigation
- Monitoring and optimisation
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11
CSR, diversity, social policy
For several years, social partners have argued that respecting and promoting the principle of equal opportunities and treatment should be at the forefront of consultations on corporate social policy.
- Social strategy
- Social communication
- Crisis management
- “Raison d’être”
- Prevention of direct and indirect discrimination
- Fighting against sexual and moral harassment
- Employment and inclusion of disabled workers
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12
GDPR
Our lawyers assist our clients in matters relating to the application of the GDPR and data protection.
- Data processing audits
- Counselling and assistance
- Compliance
- Training on data protection and GDPR compliance
- Counselling and assistance on data breach and access rights
- Assistance
- Company rights and privacy rights
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13
Vocational training
Continuous vocational training is of particular importance in the field of human resource management, both at individual and collective level.
- Assistance in drawing up the professional skills development plan
- Training budget management
- Employment and Professional Career Management (GEPP- Gestion des Emplois et des Parcours Professionnels)
- Organisation of professional interviews
- Personal Training Account (CPF- Compte personnel de formation)
- “Pro A” scheme
- Work-study contracts: apprenticeship, professionalisation
- Career transition project
- Managing relationships with employees in training
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14
Litigation
Capstan lawyers deal with employment law disputes before all courts, in all individual and collective disputes initiated against or at the initiative of a company or its managers.
- Obstructionism
- Use of precarious contracts
- Subcontracting
- Working time
- Harassment
- Health and safety
- Illegal loan and subcontracting of labour (délit de marchandage)
- Discrimination
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15
Public and semi-public sectors
Capstan Avocats advises and represents public and semi-public service organisations where employment law and public law rules intertwine.
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