Chaouki Gaddada

Lawyer at the Paris Bar and Director of the Social Department

Chaouki Gaddada, employment lawyer in Paris

Chaouki Gaddada is a lawyer specializing in employment law at the Paris Bar, a partner at ARST Avocats, and the firm's head of employment law. He advises companies, executives, and employees on all issues related to employment law and social security law.

His practice as an employment lawyer covers both advisory and negotiation services, as well as the prevention and handling of disputes. He handles both individual and collective labor law matters at all stages of the employment relationship: recruitment, contract performance, changes in working conditions, company reorganization, and termination of the contractual relationship.

His experience allows him to grasp the legal, human, economic, and strategic issues specific to each case. Whenever possible, Chaouki Gaddada seeks a negotiated and secure solution. He also ensures a determined defense of his clients' interests when litigation becomes necessary.

Advice to companies on employment law

Chaouki Gaddada provides daily support to companies in managing their individual and collective labor relations.

He advises them, in particular, on:

• drafting and amending employment contracts;
• clauses relating to variable remuneration, mobility, non-competition or confidentiality;
• working hours, fixed-rate agreements and overtime;
• absences, work stoppages, work accidents and occupational illnesses;
• the exercise of disciplinary power;
• situations of professional inadequacy or unsuitability;
• dismissal procedures for personal or economic reasons;
• restructurings and reorganizations having consequences for employment;
• obligations relating to health, safety and prevention of occupational risks.

Its intervention aims to enable employers to make legally sound decisions, adapted to the functioning of the company and respectful of employees' rights.

Negotiation and termination of the employment contract

Negotiating the terms of termination of employment contracts is one of the important aspects of Chaouki Gaddada's practice.

It assists companies, managers and employees in the preparation, negotiation and formalization of agreements:

• negotiated terminations;
• negotiated departures;
• transactions following a breakup;
• individual dismissals;
• terminations concerning salaried managers or executives;
• disputes relating to allowances, bonuses, commissions and variable elements of remuneration.

It analyzes the circumstances of the breakdown, the litigation risks, the financial, social and tax consequences of the envisaged agreement as well as the concessions likely to allow a balanced solution.

When negotiations fail, he prepares and implements the appropriate litigation strategy.

Complex employment and social disputes

Chaouki Gaddada has extensive experience in employment litigation. He represents both companies and employees before the labor courts and courts of appeal throughout the country.

He intervenes in particular in disputes relating to:

• contesting a dismissal;
• judicial termination or acknowledgment of the termination;
• back pay, bonuses and commissions;
• overtime and working hours;
• unfair performance of the employment contract;
• discrimination or unequal treatment;
• moral or sexual harassment;
• the employer's safety obligation;
• serious misconduct or gross negligence;
• non-competition clauses;
• the status of senior executive;
• the reclassification of a contractual relationship into an employment contract.

In complex social disputes, he conducts a thorough analysis of the documents, the chronology of events and the evidentiary issues in order to build a strategy tailored to his client's objectives.

Internal investigations, harassment and discrimination

Chaouki Gaddada intervenes in situations requiring the conduct or support of an internal investigation, particularly following a report of harassment, discrimination, violence at work or breach of internal company rules.

He can assist the company in:

• the definition of the framework and methodology of the investigation;
• analysis of the initial report;
• conducting or preparing for auditions;
• the collection and examination of relevant elements;
• respect for the rights of the persons concerned;
• the establishment of the conclusions of the investigation;
• the determination of appropriate precautionary, disciplinary or preventive measures.

It also assists employees who have made a report, are implicated or are being questioned as part of an investigation, in order to advise them on their rights and the presentation of their observations.

His intervention makes it possible to articulate the requirements of confidentiality, impartiality, protection of persons and legal security of the procedure.

Collective relations and social dialogue

Chaouki Gaddada advises companies in their relations with the social and economic committee, local representatives, trade union organizations and employees holding representative mandates.

He intervenes in particular to:

• the establishment and renewal of the social and economic committee;
• the organization of professional elections;
• informing and consulting with staff representatives;
• the negotiation and drafting of collective agreements;
• the management of protected employees;
• the drafting or modification of the internal regulations;
• the development of charters, internal memos and procedures;
• support for reorganization or restructuring projects;
• the prevention and handling of collective conflicts.

He seeks a constructive social dialogue that reconciles legal compliance, the company's operational constraints, and the quality of working relationships.

Social law for companies in difficulty

Chaouki Gaddada addresses the social issues faced by companies experiencing economic difficulties or engaged in safeguard, receivership or liquidation proceedings.

In coordination with the lawyers in the insolvency division of ARST Avocats, he notably assists:

• the analysis of the social consequences of a restructuring;
• the preparation of redundancies for economic reasons;
• the determination of the criteria for the order of dismissals;
• the search for redeployment;
• information and consultation of the social and economic committee;
• the preparation and implementation of job protection plans;
• disputes arising from job cuts;
• examining the social consequences of a business takeover project.

This cross-cutting practice allows it to integrate the constraints specific to collective procedures into the handling of individual and collective labor relations.

Social security law and disputes with the Urssaf

Chaouki Gaddada advises and represents companies, managers and insured persons in matters relating to social security law.

He is particularly involved in the following areas:

• controls and adjustments by the Urssaf;
• observations and responses to the letter of observations;
• appeals to the amicable appeals commission;
• disputes relating to social security contributions;
• disputes concerning work-related accidents and occupational diseases;
• disputes concerning the employer's inexcusable fault;
• disputes with social security funds and organizations.

He assists his clients during the control phase, in the search for an amicable solution and, when necessary, before the competent courts.

A comprehensive practice of social law

As a social law attorney providing both advisory and litigation services, Chaouki Gaddada offers a pragmatic, responsive approach tailored to the sensitivity of the human situations he handles.

Her experience working with both employers and employees allows her to identify the interests and strategies of each party in the employment relationship. This dual understanding enhances her ability to negotiate, anticipate risks, and effectively defend her clients.

At ARST Avocats, he leads the social division and works in coordination with the other teams in the firm when cases also involve issues of corporate law, insolvency proceedings, white-collar crime or commercial litigation.

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