Our practice of employment law in all its aspects allows us to advise companies on their organisation, and to assist them in all aspects of employee relations, and in their restructuring projects.
The company and its organisation
- Directors: in cooperation with the Corporate team, we help companies put in place the best plans for their senior management (issues on multiple employment contracts / board membership, unemployment insurance or private insurance policies for directors, reinstatement clauses, packages). We organise delegation of authority and responsibility, in order to optimise company management and enable a quick and relevant response in the event of criminal prosecution in all areas of law applicable to the company.
- Internal codes and whistle-blower policies: the employment team helps Nomos’ clients to put in place the codes required by French law and to adapt codes established at the level of the international group to the French context. When dealing with the personal data aspects of these topics we work in with the Intellectual Property / Media / Technology team.
- Employee representatives: Through in-depth knowledge of its clients, Nomos provides tailored advice to assist them in the effective management of employee representatives; including setting up the system (development of more or less complex IORP structures, setting up of economic and social units, group committees, etc.), and the relationship with these representatives.
Collective and individual employment relations
- Collective employment relationships are managed through representative institutions, now known as Economic and Social Committees (ESC). We help our clients ensure that different types of mandatory information are provided to these institutions, and that the required consultations are carried out. Nomos also provides specific advice on collective bargaining, which nowadays occupies a major place in the organisation of business life and social dialogue.
- Employee relations affect the organisation of working hours, rest and time off, in which Nomos’ employment law team has long experience.
- Nomos helps its clients to manage individual employment relationships, in recruitment (employment contract, non-competition clause issues and other special clauses), at the end of the contract (dismissal, agreed contract termination, resignation, retirement), and the various events that can affect the performance of the contract (sickness, accident, various periods of leave, a move to part-time working) or that may affect it changes in working conditions, or to the employment contract). Nomos also has extensive experience in managing in-country and international mobility, in all its forms (differing forms of secondment, expatriation etc.).
- Compensation policies: we advise our clients on setting up remuneration packages including bonuses. We also work regularly on employee savings plans (shareholding, profit-sharing, employee savings plan (PEE) and collective savings pension plan (PERCO)). Working with the Intellectual Property department, we have developed special expertise in the remuneration of artists and models, including as regards the particular issue of the social security treatment of their variable remuneration.
Restructuring and litigation
- Restructuring: Nomos assists its clients in the preparation and follow-up of ESC consultations, whether exclusively on plans affecting employee relations (restructuring, or changes to working hours or the internal rules of the company), or restructuring projects (mergers, demergers, acquisitions, partial contributions of assets etc.). In the latter cases, we work closely with the teams in charge of the overall restructuring operation. We provide legal frameworks: selection of the best collective process, preparation of briefing notes, timetables and Q&A documents in order to optimise preparation by senior management and HR for discussion with employee representatives.For restructuring involving changes in the legal status of the employer or transfers of staff, we assist our clients in the analysis, presentation and management of the impact of these changes on the collective status of the employees (change of collective agreement, the future of company agreements and practices, changes to pension plans, the future of existing agreements on employee savings, the structure of staff representation etc.). We help our clients to anticipate any difficulties by examining these issues in advance, as part of preparation for the consultation of the staff representatives, and afterwards, for their implementation.
- Employee audits: in collaboration with the firm’s other departments, our team regularly carries out the employment aspects of audits as part of the acquisition process. In general, we prepare a full report on the findings, an analytical executive summary, and a risk assessment in the form of a summary table. Our in-depth knowledge of the topics covered allows us to offer a quick response and to deliver a user-friendly report to the client.
- Social Security (URSSAF) inspection: we have extensive experience dealing with URSSAF inspections and the litigation that often ensues.
- Litigation: all lawyers in the department practise litigation on a regular basis. They appear before employment tribunals and courts of appeal, district courts, social security tribunals, and the criminal courts.