labour law
MARTINET-LONGEANIE intervenes in individual and collective disputes as well as in social security law.
- Individual disputes
- Collective bargaining
- Social security law
Individual disputes
The individual disputes we handle are mostly between employees and their employers seeking to dismiss them after years of good and loyal service.
However, the cost of dismissing an employee with many years of experience is not the same as that of a young employee who ends up not fitting the bill. The same applies to an employee with around two years' seniority, not counting the number of employees in the company to be considered.
That is why the firm has long applied the adage "Better a bad deal than a fair trial". ».
This is also the opinion of the Ministry of Labour, which has finally implemented the concept of mutually agreed contractual termination.
It is also the result of the Macron orders, which provided for a ceiling on damages based on the employee's seniority.
In this situation, you need to know:
- what documentation needs to be collected before acting,
- when and how to act, but above all,
- that you may obtain damages, subject only to the CSG/CRDS contributions, in addition to what you are entitled to in the case of a contractual breach.
Collective bargaining
Collective disputes, for example, when a number of employees suddenly claim overtime.
Occasionally, a trade union organisation may take a sudden interest in how your employees' activities are organised.
In many sectors, however, there may be a temporary excess workload. Your business may also involve unusual risk-taking by your employees.
The Health and Safety Executive can, during a simple activity check, ask you for the Single Assessment Document for Professional Risks/DUERP (written transposition of the risk assessment, imposed by the Labour Code) that every company must hold. What then are the first steps to be taken in this situation?
If, in March 2020, with COVID rearing its head, the DUERP had not already been drawn up, then it is high time to do so.
Of course, a BCP (Business Continuity Plan) must be negotiated and organised as soon as possible.
It may also be the case that your company has prospered, and you have failed to evolve in line with your current number of employees, and employee representatives have yet to be elected. In this case you will need to organise elections for employee representatives. However, beware, these elections follow very strict rules! You must organise two rounds and inform the unions so that they can participate.
Moving from your current structure to 11 employees entails different obligations than before.
Thus, an ESC (economic and social committee) should be set up, as appropriate, at the corporate level, or an economic and social unit (ESU) at the inter-company level. Establishment ESCs and a central corporate ESC are set up in enterprises with at least 50 employees and at least two separate establishments.
However, it is worth noting that in the case of companies without union delegates, a works council can be set up pursuant to a majority company agreement or an extended branch agreement. This council then has all the powers of the ESC and is solely responsible for negotiating, concluding and revising collective agreements at company or establishment level.
Social security law
Social law is actually made up of two disciplines: labour law and social security law.
As a company, have you ever been tempted to hire a foreign employee?
It can be hard to know whether such and such a country has concluded an agreement with France in such a way that equivalences exist.
As an employee, you are probably wondering what your rights are regarding your retirement if you have worked abroad.
The Social Security Court may therefore be seized to rule on the equivalence of your rights acquired within the jurisdiction of the European Union.
All these situations, often complex, deserve consideration.