Social lawSocial law and labor law
An employer who sanctions, dismisses, or negotiates a termination bases their decision on dates and documents, which are then only assessed after the fact. Arst Avocats advises and represents companies in employment law, with Chaouki Gaddada as their lead lawyer, both before litigation and before the labor court.
- Chaouki Gaddada,expert in employment law, partner lawyer
- Before the dispute,as well as before the labor court
- AliantThe firm belongs to the network
Are you looking for an employment lawyer to secure employment relationships, support a reorganization, or defend your company in litigation? Arst Avocats advises employers, managers, and human resources departments in all areas of employment law and social protection.
Our team is involved in the day-to-day management of individual and collective labor relations, as well as in transformation operations, internal investigations, administrative controls and litigation procedures.
Through an operational approach to social law, we help companies to prevent risks, make decisions and implement solutions tailored to their organization, constraints and objectives.
Employment lawyer: providing daily advice to businesses
Arst Avocats assists companies of all sizes, groups, associations and employer organizations in managing their social issues.
Our team advises executives, human resources managers, legal departments and managers, particularly on:
- interpret the applicable legal and contractual provisions
- secure the decisions made with regard to employees
- drafting contracts, amendments, agreements and internal documents
- prepare for discussions with staff representatives
- to respond to individual or collective complaints
- supporting HR managers in handling sensitive situations
- anticipating the social consequences of a business project
- to prevent the risk of litigation
- organize the storage of documents and evidence
- to train executives, HR managers and managers on the main rules of labor law
This support can be occasional or take the form of regular assistance, allowing the company to have a social law contact person who knows its activity, its organization and its practices.
Employment contracts and individual relationship management
Our team drafts, reviews and adapts employment contracts to the functions performed, the applicable collective agreement and the needs of the company.
Our services include, in particular:
- choose the appropriate employment contract
- drafting open-ended or fixed-term contracts
- securing the use of temporary contracts
- drafting trial periods and their renewals
- organize working time and packages in days or hours
- define the classification, functions and workplace
- draft the clauses relating to mobility, teleworking and confidentiality
- implement non-compete clauses
- organize objectives and variable compensation
- to protect the company's confidential information and know-how
- prepare amendments to the employment contract
- managing changes in roles, transfers and promotions
- analyze the contract modifications and changes in working conditions
- regulating teleworking and hybrid work
- organize the provision or secondment of employees
We also advise companies on matters relating to seniority, collective bargaining classification, remuneration, benefits in kind, bonuses, leave, absences and thefair execution of the employment contract.
- Appropriateindefinite or fixed-term
- Trial periodsand their renewals
- working hoursor days worked
- clauses, teleworking
- Amendmentsregarding changes of duties
- Non-competitionconfidential information
Working hours, remuneration and social benefits
Arst Avocats assists employers in the organization and control of working time.
Our intervention focuses in particular on:
- the legal and contractual working hours
- individual or group schedules
- overtime
- fixed-day or fixed-hour agreements
- travel time and on-call hours
- night work, Sundays and public holidays
- daily and weekly rest periods
- paid leave and special leave
- working time arrangement arrangements
- workload monitoring
- time and activity control systems
- fixed and variable compensation policies
- bonuses, commissions and benefits in kind
- profit-sharing, employee participation and employee savings plans
- equal pay and professional equality
We also review existing practices to identify and correct risks of salary recovery, overtime or challenges to fixed-rate agreements.
Disciplinary procedures and management of misconduct
The exercise of disciplinary power requires precisely defining the facts, respecting strict deadlines , and choosing a proportionate sanction.
Our team supports employers in:
- analysis of the facts alleged against the employee
- the collection and securing of evidence
- the classification of the fault
- the precautionary suspension
- the summons and preparation for the preliminary interview
- drafting warnings and reprimands
- disciplinary suspension
- disciplinary shift or demotion
- dismissal for simple, serious or gross misconduct
- the management of protected employees
- the response to the employee's complaints
- preparing the case file in the event of litigation
Disciplinary sanctions must comply with legal and contractual rules, as well as those set out in the company's internal regulations. The main sanctions and procedural safeguards are detailed on the official page dedicated to disciplinary sanctions in the private sector.
When the facts can also be classified as criminal, we coordinate our intervention with the Business Criminal Law and Disciplinary Law.
Internal investigations, harassment and discrimination
Arst Avocats assists companies when a report, alert or internal complaint reveals a potential situation of harassment, discrimination, violence or inappropriate behavior.
We operate in:
- the initial analysis of the report
- defining the scope and methodology of the internal investigation
- preserving confidentiality and evidence
- preparing and conducting interviews
- the hearing of the person who made the report, the person accused, and the witnesses
- analysis of emails, messages and professional documents
- the drafting of the investigation report
- the formulation of recommendations
- the determination of the necessary precautionary or disciplinary measures
- support for the people concerned
- the relationship with the Works Council and staff representatives
- the response to an intervention by the labor inspectorate
- preparing for potential employment tribunal or criminal litigation
Our team also assists companies in preventing workplace harassment, sexual harassment, sexist behavior, and discrimination. We advise harassment liaisons appointed by the employer or within the Works Council, as well as human resources departments and managers facing a report of harassment.
- Initial analysis of the report
- Scope and methodology of the investigation,confidentiality and evidence
- InterviewsReporter,accused person,witnessesanalysis of emails, messages and professional documents
- Investigation report
- Recommendations
- Necessary precautionary or disciplinary measures
Health, safety and psychosocial risks
The employer must protect the physical and mental health of employees and put in place an organization adapted to the prevention of occupational risks.
We advise companies on:
- occupational risk assessment
- the development and updating of the single document for the assessment of occupational risks
- psychosocial risks
- prevention of harassment and violence in the workplace
- workload and the right to disconnect
- workplace accidents and occupational diseases
- investigations following a serious accident
- relations with occupational medicine
- medical fitness assessments, restrictions and recommendations
- Incapacity and the search for redeployment
- prevention of job loss
- the exercise of the right to alert or withdraw
- labor inspection checks
- the responsibility of the employer and its delegates
Our intervention combines prevention, immediate management of the event and preparation for any administrative, labor, civil or criminal procedures.
- occupational risk assessment
- single document
- psychosocial risks
- prevention of harassment and violence in the workplace
- workplace accidents and occupational diseases
- investigations following a serious accident
- right to alert or withdraw
- relations with occupational medicine
- labor inspection checks
- administrative
- labor court
- civilians
- penal
CSE, CSSCT and staff representatives
Arst Avocats assists companies in setting up and operating the social and economic committee.
Our team provides services including:
- determine the scope of implementation of the CSE
- preparing for the professional elections
- negotiate the pre-election memorandum of understanding
- organize the electronic vote
- handling election disputes
- draft or revise the internal regulations of the CSE
- organize meetings and prepare agendas
- define the mandatory information and consultations
- manage the economic, social and environmental database
- to support consultations on the economic situation, strategic directions and social policy
- manage the time off for elected officials and the resources available to them
- prevent the risks of obstruction of justice
- organizing relations with trade union organizations
- manage the status and protection of staff representatives
We also support the establishment and operation of the health, safety and working conditions committee (CSSCT), which has taken over some of the responsibilities formerly exercised by the CHSCT.
Our team can assist the employer during sensitive meetings of the CSE or the CSSCT, in preparing responses to elected representatives and in handling alert rights, expert assessments and consultation procedures.
Collective bargaining and company agreements
Arst Avocats assists companies in the preparation, negotiation, drafting and implementation of collective agreements.
We work specifically on agreements relating to:
- during working hours
- to annual packages in days
- to teleworking
- to remuneration
- to profit-sharing and participation
- to employee savings
- to professional equality
- to quality of life and working conditions
- the right to disconnect
- to the prevention of psychosocial risks
- employment of seniors and people with disabilities
- to the management of jobs and career paths
- to internal mobility
- to holidays and days off
- to the functioning of the CSE
- to separate establishments
- to union representation
- to collective performance agreements
- to collective negotiated terminations
We support the company in defining its negotiation strategy, discussions with trade unions, formalizing the agreement and completing the filing and publication formalities.
- Negotiation strategy
- Exchanges with trade union organizations
- Formalization of the agreement
- Filing and publicationof formalities
Termination and negotiation of the employment contract
Terminating an employment contract is a sensitive step, both for the company and for the employee concerned.
Our team advises employers on choosing, preparing and implementing the appropriate termination method:
- termination of the trial period
- resignation and acknowledgment
- job abandonment
- Individual negotiated termination
- negotiation of a departure
- dismissal for personal reasons
- disciplinary dismissal
- dismissal for professional incompetence
- dismissal for incapacity
- economic layoff
- departure or retirement
- termination of the contract of a salaried executive
- termination concerning a protected employee
Arst Avocats also assists companies in negotiating settlement agreements, particularly when a dispute exists over the execution or termination of the contract.
We assess the legal and financial risks, prepare negotiations, calculate compensation, draft the necessary documents and secure the social, tax and confidentiality consequences of the departure.
Restructuring, redundancies and reorganizations
Our team supports companies in their transformation, reorganization, workforce reduction or business closure projects.
We operate in:
- the analysis of the economic motive
- the definition of professional categories
- the application of the criteria for determining the order of dismissals
- the search for redeployment
- contract modifications for economic reasons
- preparing for the CSE consultations
- individual or collective redundancies
- procedures concerning fewer than ten employees
- job protection plans
- voluntary departure plans
- collective negotiated terminations
- collective performance agreements
- transfers of business activities and employment contracts
- establishment closures
- reorganizations within a group
- operations carried out within the framework of a collective procedure
We coordinate the social calendar with the legal, financial and operational constraints of the project, as well as with the procedures for informing and consulting staff representatives.
- Legal constraints
- Financial constraints
- Operational constraints
- Information and consultation of staff representatives
Social audit and corporate M&A operations
Asocial audit helps to identify risks that may affect a company, an acquisition, a restructuring or a sale project.
Arst Avocats conducts audits focusing in particular on:
- employment contracts and amendments
- applicable collective agreements
- working hours and fixed-rate agreements
- salaries, bonuses and benefits
- staff representatives
- collective agreements and company practices
- ongoing disciplinary and legal proceedings
- situations of harassment or discrimination
- workplace accidents and occupational diseases
- Self-employed workers and the risks of reclassification
- labor loans and secondments
- social security contributions and URSSAF audits
- supplementary social protection
- social commitments and severance pay
In merger and acquisition operations, we identify social risks, propose the contractual guarantees and support post-acquisition integration measures.
We also assist with employee transfers, CSE consultations and the harmonization of collective agreements following an acquisition or reorganization.
URSSAF, contributions and social protection
Our team advises companies on managing their obligations regarding social security contributions.
Our services include, in particular:
- the basis for social security contributions
- benefits in kind and professional expenses
- profit-sharing, employee participation and employee savings plans
- severance pay
- supplementary social protection
- pension and health insurance plans
- URSSAF audits
- the response to the letter of observations
- contesting a tax adjustment
- referral to the amicable appeals board
- the proceedings before the social division of the judicial court
- recovery measures and constraints
- the responsibility of managers in social matters
We assist the company from the moment of theaudit notice and throughout the verification operations in order to prepare the documents, structure the exchanges and anticipate points likely to lead to adjustments.
- Inspection notice
- Letter of observations
- Recovery
- Amicable appeals board
- Social division of the judicial court
Employment litigation and social security litigation
Arst Avocats represents employers before the competent social courts.
Our team handles, in particular, litigation relating to:
- to the execution of the employment contract
- to classification and remuneration
- overtime
- to the flat-rate agreements
- to harassment and discrimination
- to disciplinary sanctions
- to the judicial termination of the contract
- upon taking note
- to the dismissal and its real and serious cause
- to serious or gross negligence
- to incapacity and reassignment
- to the negotiated termination
- to non-competition clauses
- in the professional elections
- to collective agreements
- to URSSAF contributions and adjustments
- to workplace accidents and occupational diseases
- due to the employer's inexcusable fault
We intervene before the labor court, the social division of the judicial court, the judicial court, the courts of appeal and, in coordination with a lawyer admitted to the Courts of Cassation, before the Court of Cassation.
Frequently asked questions about employer social law
The employer must initiate disciplinary proceedings within two months of becoming aware of the facts (Article L1332-4 of the French Labor Code). The text provides for an exception: criminal proceedings initiated within this period.
Case law also recognizes that repeated misconduct can be used to cite earlier incidents. The sanction is then notified within one month of the interview (Article L1332-2). The date on which the facts were discovered must be proven: keep all dated documents.
The employee generally has twelve months from the date of notification of termination to contest it (Article L1471-1). Actions relating to the performance of the contract are subject to a two-year statute of limitations, and those based on discrimination are subject to a five-year statute of limitations (Article L1134-5). Proof of the notification date is therefore a significant factor in the proceedings.
A works council (or social and economic committee) must be established when the workforce reaches at least eleven employees for twelve consecutive months (Article L2311-2). The calculation of the workforce follows specific rules, which are best verified before crossing the threshold rather than during a dispute.
It is reserved for employees with permanent contracts. For a protected employee, it requires authorization from the labor inspector, not just simple approval. After signing, each party has fifteen calendar days to withdraw, then the administration has fifteen working days to approve it; its silence is considered approval (practical guide to the digital Labor Code).
The employer pays a specific severance payment at least equal to the statutory redundancy payment, or to the collectively agreed severance payment if it is more favorable. When the contract termination date is set on or after January 1, 2026, the employer's contribution on the portion of the severance payment exempt from social security contributions is 40%, compared to 30% previously. The calculation is detailed in our article on the cost of a negotiated termination.
In a ruling published on January 14, 2026 (no. 24-19.544), the Court of Cassation held that no provision of the Labor Code mandates an internal investigation in cases of reported sexual harassment, as evidence is freely admissible. The employer's duty of care remains, and the handling of the report must still be documented.
Social support integrated into the company's strategy
Social decisions can have significant human, financial, organizational, and reputational consequences.
Our approach involves understanding the company's operations and objectives in order to offer legally sound and operationally applicable solutions. When the case also presents corporate, commercial, criminal, or insolvency-related issues, we mobilize the firm's other teams.
Your expert in employment law
Chaouki Gaddada, partner lawyer. He advises employers on matters related to employment contract terminations and employment litigation.
Content prepared by the employment law department of Arst Avocats. Lead lawyer: Chaouki Gaddada, partner, head of the employment law department, Paris Bar. Rules verified against official sources (French Labor Code, Legifrance, service-public.fr). Updated October 2026.