Public targeted
Heads of companies, legal directors, HRDs, HRMs, lawyers, employer’s representatives on the CSE, staff representative bodies

Explanation
Labour law is a constantly evolving law which varies in particular according to the economic context and the needs of the company. There have been many legislative reforms in recent years and the interpretation of legal provisions by judges must be mastered by employers in order to ensure the smooth running of their business.

Goals of the training
-Being aware of current legislation and case law in order to put into practice developments in labour law and ensure compliance with the applicable rules

Public targeted
Company directors, company founders, legal directors, HRDs, HRMs, lawyers

Explanation
The employment contract is supposed to be the first document of the employment relationship. It makes it possible to materialise the hiring of the employee but also to define the terms and conditions of the employment relationship. It is an essential act that should not be neglected because it is an opportunity to anticipate certain difficulties and above all to provide for clauses adapted to the company’s sector of activity and the employee recruited. A poorly drafted contract or the use of a model without thinking about the issues that will affect the life of the contract are likely to generate difficulties or disputes later on.

Goals of the training
-Getting a perfect knowledge of the essential clauses that should be included in the employment contract and to obtain advice and practical recommendations to secure the specific clauses relating in particular to the obligation of non-competition and non-solicitation of customers, working hours, remuneration, company car, etc.

Public targeted
HRD, HRM, IRP

Explanation
Recent reforms of labour law have established the predominant place of the company collective agreement among labour law standards. Organising working hours, reorganising the company, adapting remuneration to the company’s economic situation, regulating the use of teleworking, etc. are all subjects open to the negotiation of company collective agreements, which may derogate from branch collective agreements and the suppletive provisions of the law.

Goals of the training
-Determining the topics open to company collective negotiation
-Understanding the leeway available to negotiators
-Knowing the procedural rules for collective bargaining in the company and the formalism of company collective agreements.

Public targeted
Company managers, legal directors, HRDs, HRMs

Explanation
Working hours, time off, organisation of the working day and overtime: there are many obligations that lies on the employer in terms of working hours. However, there is a wide variety of tools for adapting working hours to the type of employees and the nature of the company’s economic activity. Opportunities exist for the employer through collective bargaining. It is important to be aware of them in order to seize them. Moreover, disputes relating to working time can be costly and it is therefore important to remain vigilant in order to limit this risk.

Goals of the training
-Identifying the different forms of working hours: legal working hours, part-time work, fixed working days, executive status, atypical work (continuous work, standby duty, night work).
-Acknowledging the employer’s obligations in terms of working hours.
-Preventing the risk of litigation and practical advice for defending the company’s interests in the event of litigation

Public targeted
Head of company, Legal Director, HRD, HRM, IRP

Explanation
For a long time, the negotiation of company collective agreements was reserved for companies with trade union representatives. This is no longer the case. From now on, the director of the company or his representative (HRD, HRM, etc.) may also negotiate and conclude company collective agreements with the elected members of the CSE (whether or not they have a mandate from a branch trade union organisation), with employees who have a mandate from a branch trade union organisation, or even by submitting the draft agreement to a referendum of the employees.

Goals of the training
-Mastering the rules of procedure and form specific to the negotiation of collective agreements in companies without trade union delegates
-Understanding the topics open to negotiation of company agreements without trade union delegates.

Public targeted
DRH, RRH, Training manager

Explanation
Professional training was modified by the Act of 5 September 2018 for the freedom to choose one’s professional future, which provided for transitional provisions for its implementation until 2021. There are several tools for implementing vocational training: the personal training account, the skills development plan, the professional interview, apprenticeship and the financing of training. Although the law gives employees more opportunities to take part in their own training, the employer retains an essential role in this area to the extent that it is obliged to ensure that the employees are adapted to their jobs and that their ability to hold a job is maintained, especially with regard to changes in jobs, technologies and organisations.

Goals of the training
-Identifying the employer’s obligations in terms of professional training.
-Mastering the professional interview: how to conduct this interview, how often?
-Understanding the skills development plan in practice.
-Focusing on the training action and the skills assessment

Public targeted
Heads of companies, legal directors, HRDs, HRMs, lawyers, employer’s representatives on the CSE, staff representative institutions

Explanation
The CSE (Economic and Social Council) must be set up in companies with at least 11 employees over 12 consecutive months. To do this, the employer must organise and conduct the professional elections while respecting the principles of electoral law, the specific provisions, the deadlines and the timetable laid down by the Labour Code. It is also up to the employer to invite the trade union organisations to come and negotiate the pre-electoral agreement and to consider whether it is appropriate to use electronic voting.

Goals of the training
-Being able to conduct the entire electoral process within the company and to set up the CSE(s) (central CSE and establishment CSE)
-Knowing all there is to know about the electoral agreement protocol and how to negotiate it
-Knowing the procedures for using electronic voting
-Avoiding errors that could lead to the cancellation of the elections.

Public targeted
Heads of companies, legal directors, HRDs, HRMs, lawyers, employer’s representatives on the CSE, staff representative institutions

Explanation
It is very important for the employer to have a good knowledge of the rules governing the functioning of the CSE as well as its economic and social powers in order to avoid being faced with a challenge to the decisions and projects carried out by the company or a risk of obstruction, but also in order to maintain a quality social dialogue within the company

Goals of the training
-Mastering the procedures of punctual and recurring information-consultation of the CSE and to measure the associated risks
-Knowing the rules of functioning of the body of staff representation (meetings, convening, voting rules, subsidies and budgets, delegation hours, CSE committees, etc.).
-Having the resources to build a qualitative social dialogue.

Public targeted
Heads of companies, legal directors, HRDs, HRMs, lawyers, employer’s representatives on the CSE, staff representative institutions

Explanation
The concentration of employee’s representative institutions in a single body is in practice countered by the diversification of employee representation. This diversification has emerged over the course of the reforms, without any attempt at consistency, but with a willingness to allow the expression of employees’ interests on the major issues of society (whistleblowers) and on the corporate life (harassment, disability…)

Goals of the training
-Mapping the contacts and representatives of employees outside the CSE.
-Knowing the obligations of the companies in this area and, if needed, set up the relevant in-house procedures.
-Mastering the scope of the prerogatives of these new representatives.

Public targeted
Legal Director, HRD, HRM, Risk Manager

Explanation
Undeclared work is not only ” illegal ” work. It is also the abusive use of falsely independent service providers who are in fact in the same situation as employees. It is also the failure to declare all the hours worked by an employee. Finally, it means omitting certain formalities that must be attached to the employment relationship (declaration prior to hiring, issue of pay slip, etc.). The associated penalties are of several kinds and potentially very heavy: requalification of the contract, specific indemnities, reminder of social security contributions, criminal sanctions.

Goals of the training
– Identifying risk situations
– Distinguishing between true and false subcontracting
– Knowing the good practices and reflexes to adopt in order to avoid requalifications and, more generally, the characterisation of concealed work
– Understanding the penalties incurred

Public targeted
Executive (corporate officer or employee), legal director, risk director, HR director

Explanation
Many of the provisions of the Labour Code are subject to criminal sanctions: their violation is likely to engage the criminal liability of the company (legal person) or its legal representative (natural person). Under certain conditions, the latter may delegate his powers and the criminal liability that goes with them to a delegate. Understanding the criminal issues of labour law and setting up an effective scheme for delegating powers is already preventing the criminal risk in the company.

Goals of the training
– Being aware of the labour law obligations that are subject to criminal sanctions
– Knowing the actors of criminal labour law and the procedural means that can be used
– Understanding the juridical implications of delegating powers, in order to effectively guarantee the security of the legal representative

Public targeted
Heads of companies, legal directors, HRDs, HRMs, lawyers, employer’s representatives on the CSE, staff representative institutions

Explanation
Among the tools available to the CSE, the use of experts is one of the most expensive and most dangerous for the employer. Having a perfect knowledge of the possibilities and conditions of recourse to an expert enables the identification and anticipation of potential difficulties and the development of a strategic approach to the use of experts

Goals of the training
-Identifying the different experts to whom the CSE can have recourse.
-Knowing the hypotheses of recourse to the expert and the modalities of his designation
-Mastering all the rules relating to the cost of the expertise and the remuneration of the experts.
-Understanding the impact of the recourse to the expert and the effects on the procedure of information-consultation.
-Identifying and understanding the possible recourse and legal contestations

Public targeted
Company managers, legal directors, HRDs, HRMs

Explanation
The international development of companies regularly involves the detachment or relocation of employees in the company’s country of origin. Rightly so, since employees trained in the parent company’s methods will be the most qualified to export the employer’s methods.
Similarly, in established international groups, intra-group secondments and expatriations of employees allow for the exchange of best practices, the ongoing development of the group or the promotion of the best profiles.
The introduction of these transactions raises many questions with regard to the organisation of the employment relationship, which must be anticipated to ensure that they run smoothly.

Goals of the training
-Identifying the issues and points of attention before setting up a secondment or expatriation
-Determining the policies and benefits that the employer may or may not wish to put in place regarding the secondment and expatriation of employees
-Determining the contractual terms and conditions of the secondment and expatriation
-Implementing the formalities required for secondment and expatriation
-Preparing the return of the seconded or expatriated employee

Public targeted
Company directors, company founders, legal directors, HRDs, HRMs, lawyers, site managers

Explanation
Road risk prevention must be a priority on the HR agenda. Any negligence or toleration can lead to high costs for the company and engage the employer’s liability.
How can practices be made safer in practical terms? Presenting a driving licence on recruitment, checking the number of points, tickets, breathalyzer tests: how can we check employees’ fitness to drive without interfering with individual freedoms? Is driving time working time? How can the use of company cars be best contractually agreed? How to prevent road accidents and how to react in the event of such accidents? A good knowledge of each of these subjects will help to minimise and control the resulting risks.

Goals of the training
-Knowing the precise rules and consequences relating to the verification and/or loss of an employee’s driving licence when driving a vehicle
-Getting the know how to set up tests and checks on physical fitness to drive
-Understanding the rules governing travel and working hours for itinerant employees
-Identifying the means of setting up location tracking system that also respects the employee’s freedom
-Knowing all about business cars or service vehicles (for who, how to plan for it, how to evaluate it, how to withdraw it, etc.)
-Being able to manage and anticipate difficulties relating to accidents and road traffic offences.
-Knowing how to manage and anticipate difficulties related to accidents and traffic offences

Public targeted
Company managers, legal directors, HRDs, HRMs

Explanation
“Employers must take the necessary measures to ensure the safety and protect the physical and mental health of their employees.
They also have an obligation to prevent bullying and sexual harassment, which are considered to be a form of violence for the workers affected and constitute psychosocial risks.
The need to implement a comprehensive policy for the prevention of psychosocial risks stems from these obligations.
A good prevention policy not only ensures the well-being of workers, but also reduces the legal risks of litigation.
With the introduction of the Macron scale, many employees are reporting, rightly or wrongly, breaches of the safety obligation, moral harassment or burn-out. Being able to demonstrate that all possible measures have been implemented to prevent these risks is therefore a major challenge.

Goals of the training
-Knowing the different psychosocial risks related to work (stress, exhaustion, burn-out, bore-out, etc.) and the employers’ obligations in relation to occupational health
-Identifying the psychosocial risk factors (management problems, work overload, unsuitable deadlines, lack of clear objectives, etc.) and establishing a diagnosis
-Drawing up an action plan to prevent psychosocial risks and improve well-being at work
-Setting up a follow-up
-Involving occupational medicine and staff representatives in the management of psychosocial risks

Public targeted
Heads of companies, legal directors, HRDs, HRMs, lawyers, employer’s representatives on the CSE, staff representative bodies

Explanation
When the company plans to cut positions, there are several possible mechanisms to take into account, depending on whether these cuts are a preventive organisational measure not justified by an economic reason for redundancy (collective negociation agreement) or a defensive measure to deal with particular economic difficulties (forced economic collective redundancies or voluntary redundancy plan when the company does not wish to resort to redundancies).

It is now also possible to conclude collective agreements allowing the negotiation of measures concerning the organisation of working hours, the organisation of remuneration or the determination of professional and geographical mobility within the company, in order to meet the needs linked to the operation of the company or with a view to preserving employment. This agreement differs from other collective agreements in its impact on the employment contract, as any employee refusing to apply the agreement may be dismissed for real and serious reasons.

Goals of the training
It is difficult for managers to find their way through the various mechanisms put in place by the legislator to restructure their company. This is why this training aims to :

– Determine the appropriate mechanism to meet the objectives envisaged by the employer
– Master the conditions and procedure of each scheme

Public targeted
Company managers, legal directors, HRDs, HRMs

Explanation
The transfer of an undertaking is an operation that can take several forms: sale, merger, partial contribution of assets, outsourcing of activities, etc.
It is crucial to determine whether Article L. 1224-1 of the Labour Code applies in these cases, which requires the existence of an autonomous economic entity that retains its identity following the legal change of employer. If the conditions of Article L. 1224-1 of the Labour Code are met, this has consequences for the individual and collective status of employees. Existing employment contracts are transferred to the buyer and collective agreements are called into question with a temporary survival period of 15 months. It is therefore essential to be able to identify the circumstances in which Article L. 1224-1 applies and to anticipate its practical consequences for employees, staff representatives and collective standards.

Goals of the training
– Identifying the operations giving rise to the application of Article L. 1224-1 of the Labour Code
– Anticipating and determining the consequences on the individual status of the transfer of undertaking
– Determining the consequences on the collective status of the transfer of undertaking

Public targeted
Head of company, director of a risk site, legal director, risk director, HR director

Explanation
The issue of “URSSAF control” is always of concern to those in charge of managing staff or company finances, as it is a source of legal uncertainty. Companies are required to declare the remuneration paid to employees and also to calculate the amount of social security contributions. These declarations are then checked and controlled and may give rise to an adjustment as well as to litigation potentially initiated by the company in response

Goals of the training
-Understanding the procedure and the different types of inspections carried out by URSSAF
-Understanding the attitude that should be adopted with regard to the inspection officers.
-Knowing and mastering the subtleties of the litigation of adjustment and recover
-Knowing how to negotiate with URSSAF

Public targeted
Head of company, director of a risk site, legal director, risk director, HR director

Explanation
When a serious workplace accident occurs (an employee is injured, an employee dies at work), an investigation is opened by the labour inspection, the police or the gendarmerie. Often, the outcome of the criminal proceedings depends not only on the precautionary measures that had been implemented prior to the accident, but also on the initial response of the company’s representatives in the minutes or hours following the accident. A legal procedure must then be managed, which may last several years.

Goals of the training
– Understanding the procedure followed by the labour administration and the police following a serious accident at work: knowing the actors involved, the stages of the procedure, the alternative methods of settlement
– Asserting one’s rights and effectively defend oneself during the procedure
– Knowing the reflexes to have following the accident and throughout the procedure.

Public targeted
Company directors, company founders, legal directors, HRDs, HRMs, lawyers

Explanation
Litigation in labour law is relatively scattered and the Labour tribunal is not the only court with jurisdiction in social matters. The rules of procedure and functioning of industrial tribunal litigation are also regularly amended and adjusted. Having a thorough knowledge of the rules governing the functionning of the various courts as well as the applicable procedure means being one step ahead of your opponent. It is also a way of assessing the chances of success of a case and of having decisive elements at one’s disposal in order to decide in full knowledge of the facts and adjust one’s strategy.

Goals of the training
-Understanding the rules of jurisdictions to identify the competent jurisdiction according to each case
-Mastering all the stages as well as the procedure of first instance before the Labour Court.
-Knowing the specificity of the appeal procedure in social matters
-Understanding the functioning of the Court of Cassation and the cases of opening to cassation.