Our expertise
Human Resources – Your counsel across all areas of employment and social security law
Our French-German law firm supports you with all employment and social security law matters in France and Germany.
Whether you are an employer or an employee, we provide personalized advice and solutions tailored to your situation.
Summary
- How to draft, amend or review an employment contract ?
- How to terminate an employee’s contract ?
- How to respond to a dismissal or termination of your employment contract by the employer ?
- What rules apply to cross-border workers between France and Germany ?
- What rules apply to employees in international mobility ?
- How to secure an employee leasing arrangement ?
- How do employee representative bodies work in France and Germany ?
- How to respond to a social security dispute ?
- How to manage employment relations throughout the entire duration of the contract ?
How to draft, amend or review an employment contract ?
A well-drafted employment contract is key to establishing a secure employment relationship. Our lawyers specializing in international employment law help draft and review contracts to prevent future disputes.
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How do we draft an employment contract ?
Expand contentOur lawyers specializing in international employment law draft all types of contracts, including permanent and fixed-term employment contracts, to provide a solid legal foundation for your employment relationship. We verify and optimize essential clauses, such as those related to remuneration, benefits in kind, mobility, non-compete, and working time organization (e.g., working from home and GDPR compliance). We pay particular attention to specific features of French and German law, such as the days-based working time arrangement (forfait-jours) in France and the German Act on Proof of the Essential Conditions Applicable to an Employment Relationship (Nachweisgesetz) in Germany.
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How to negotiate an employment contract effectively ?
Expand contentOur lawyers specializing in international employment law provide legal support for negotiating employment contracts from the employer’s or employee’s perspective. Support is provided in French, German, and English as needed, including the drafting of contracts.
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When should a lawyer review an employment contract ?
Expand contentOur lawyers specializing in international employment law will conduct an in-depth review of your contracts to identify any issues and ensure compliance with French, German, and EU legislation and regulations. If your circumstances or your company’s needs change, we can help you amend and adapt your employment contracts.
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Which collective bargaining agreement (CBA) applies in your company ?
Expand contentOur lawyers specializing in international employment law can help you determine which collective bargaining agreement applies to your case or help you change the applicable CBA.
You have any other questions ?
Please feel free to ask them directly here.
How to terminate an employee’s contract ?
Our lawyers specializing in international employment law assist employers and employees with all types of termination procedures in France and Germany, as well as cross-border situations. We ensure the process is legally sound and your rights are fully protected.
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How to dismiss one or several employees ?
Expand contentOur lawyers specializing in international employment law provide legal advice to help you conduct dismissal procedures that are fully compliant with legal requirements. Whether the dismissal is due to redundancy or personal reasons, our lawyers will assist you throughout the entire process. They will carry out precise calculations of termination entitlements, including dismissal, termination, notice-period, and paid-leave indemnities. They will also assess the potential financial risk in the event of litigation.
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How to propose a mutual termination to an employee ?
Expand contentOur lawyers specializing in international employment law can guide you in securing an amicable termination of the employment relationship, whether through a rupture conventionnelle under French law or an Aufhebungsvertrag under German law.
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How to manage an employee’s retirement or employer-initiated retirement ?
Expand contentOur lawyers specializing in international employment law provide legal advice and guidance to help you manage employee retirement and employer-initiated retirement.
You have any other questions ?
Please feel free to ask them directly here.
How to respond to a dismissal or termination of your employment contract by the employer ?
You can challenge a dismissal if it is abusive, irregular, or unjustified. Similarly, if your employer fails to meet their obligations under your employment contract, you may be entitled to back pay or damages. Our lawyers specializing in international employment law will analyze your situation and help you defend your interests.
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How to know if a dismissal is lawful ?
Expand contentOur lawyers specializing in international employment law will review your dismissal to determine whether it meets all legal and procedural requirements. If any irregularities are found, our lawyers will assist you in challenging the dismissal.
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How to challenge an unlawful dismissal ?
Expand contentIf you are facing an abusive dismissal, dismissal without just cause, or null dismissal, our employment litigation lawyers will represent you in court and challenge your dismissal. Our lawyers will assist you in claiming damages or back pay and provide full representation to defend your rights and obtain compensation.
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How to negotiate a severance package ?
Expand contentOur lawyers specializing in international employment law will assist you in negotiating the best possible severance package and maximize your financial entitlements.
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How to obtain payment for overtime or claim back pay ?
Expand contentIf you have worked unpaid overtime or believe you are entitled to back pay, our lawyers specializing in international employment law will carry out the necessary calculations and implement the appropriate claims procedures.
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What to do if your employer does not comply with contractual obligations ?
Expand contentOur lawyers specializing in international employment law will help you assess the situation, identify possible solutions, and protect your interests. They can do this through negotiation with your employer or by taking your case to court.
You have any other questions ?
Please feel free to ask them directly here.
What rules apply to cross-border workers between France and Germany ?
Employees who work in Germany but live in France (or vice versa) are subject to specific employment and social security laws. Our lawyers specializing in international employment law assist employers and employees in securing their situation in a cross-border context.
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What is the legal framework applicable to cross-border workers ?
Expand contentThe status of cross-border workers is governed by bilateral conventions and international agreements, which determine the applicable legislation. It is crucial to determine which law applies to the employment contract and working conditions. Our lawyers specializing in international employment law can help you secure your contractual relationships and ensure compliance with applicable regulations. Whether you are an employer or an employee, our lawyers will guide you through the French and German legal systems.
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How to resolve an employment dispute in a French-German cross-border context ?
Expand contentCross-border workers may experience uncertainty if they are dismissed or if their employment contract is terminated. It is crucial to determine which employment law applies and understand its associated protections and obligations.
Our lawyers specializing in international employment law assist with all dismissal and mutual termination procedures, whether you are an employer or an employee. They represent your interests in courts of competent jurisdiction in both France and Germany.
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What are the social security and tax rules for cross-border workers ?
Expand contentThe tax and social security obligations of a cross-border worker depend on tax treaties and European regulations. Knowing where to declare income and pay contributions is crucial to avoiding double taxation and unfavorable tax and/or administrative consequences.
Our lawyers specializing in international employment and social security law advise on the application of French-German tax treaties and social security affiliation to ensure your situation is legally compliant and optimized.
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How to draft an employment contract for a cross-border worker ?
Expand contentA cross-border worker’s employment contract must clearly state the applicable law, working conditions, place of work, and rules on taxation and social security protection. An imprecise contract may lead to disputes or negative tax and/or administrative consequences.
Our lawyers specializing in international employment law assist in drafting and adapting contracts to ensure compliance with French and/or German regulations. They secure essential clauses to protect your interests and ensure the smooth management of your cross-border workforce.
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How to organize remote work for a cross-border worker ?
Expand contentRemote work for cross-border employees raises complex issues related to employment law, taxation, and social security. Employers must ensure that remote work complies with applicable laws and conventions.
Our lawyers specializing in international employment law can advise you on setting up remote work arrangements for cross-border workers and help you secure your contracts and social obligations. We help you anticipate risks and guarantee optimal compliance.
You have any other questions ?
Please feel free to ask them directly here.
What rules apply to employees in international mobility ?
Employee mobility across international borders raises complex issues in employment law, tax law, and social security. Our lawyers specializing in international employment law can help you secure your procedures, draft tailored contracts, and ensure that your professional assignments abroad are fully compliant.
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What are the different forms of international mobility (detachment or expatriation) ?
Expand contentDetachment and expatriation are two forms of international mobility that have different implications regarding employment contracts, social security coverage, and taxation. Detachment allows employees to remain affiliated with the social security system of their home country. Expatriation, on the other hand, often involves switching to a local contract and a foreign social security regime.
Our lawyers specializing in international employment law can help you secure your contracts and advise you on the legal framework best suited to your situation. -
How to draft an employment contract for international mobility ?
Expand contentA carefully drafted employment contract for international mobility must specify the conditions of expatriation or detachment, the applicable social security regime, benefits associated with the foreign assignment and return arrangements.
Our lawyers specializing in international employment law can help draft and optimize your contracts to ensure compliance with local and international regulations. We can draft, negotiate, or review your contract in French, German, or English. -
What are the social security and tax obligations of employees in international mobility ?
Expand contentWhen an employee works abroad, it is crucial to determine their social security and tax obligations to avoid double taxation or reassessment risks. These obligations vary depending on applicable European regulations or, if those do not apply, bilateral conventions.
Our lawyers specializing in international employment law can help you anticipate and comply with these obligations, as well as optimize the social security and tax management of your employees abroad. -
Is it possible to work remotely from abroad ?
Expand contentOur lawyers specializing in international employment law help implement remote work from abroad while ensuring compliance with European and international regulations and conventions. We analyze contractual, tax, and social security aspects while ensuring GDPR compliance and checking for legal restrictions under national law.
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How to organize an international intra-group transfer ?
Expand contentSeveral aspects must be clarified when an employee is transferred within an international group, such as from the headquarters of the parent company to a subsidiary abroad: the contractual framework, tax status, social security protection, length of the assignment, and employee rights. Inadequately managing an intra-group transfer can lead to disputes and the risk of reclassification.
Our lawyers specializing in international employment law assist with securing employee transfers and drafting tripartite agreements that comply with legal and regulatory requirements.
You have any other questions ?
Please feel free to ask them directly here.
How to secure an employee leasing arrangement ?
Employee leasing, known in German as “Arbeitnehmerüberlassung”, occurs when an employer (lending company) temporarily transfers one of its employees to another company (host company) while retaining the employee’s contractual relationship with the lending company. Our lawyers specializing in international employment law support employers and employees affected by employee leasing arrangements at every stage of the process.
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How does employee leasing work ?
Expand contentEmployee leasing is subject to strict rules regarding employment contracts, compensation, social security protection, and assignment duration.
Our lawyers specializing in international employment law will help you navigate the employee leasing process and advise you on the legal obligations you must meet to avoid any risk of reclassification or litigation. -
How to draft an employee leasing agreement ?
Expand contentA valid employee leasing agreement must specify several essential elements, including the assignment’s duration, each party’s responsibilities, cost allocation, and conditions for the employee’s return. Poorly drafted terms can lead to reclassification as unlawful labor lending.
Our lawyers specializing in international employment law assist in drafting and adapting your employee leasing agreements to ensure compliance with applicable legislation and protect your company’s interests. -
What administrative authorizations and reporting obligations are required for employee leasing ?
Expand contentEmployers engaging in cross-border employee leasing must comply with several administrative obligations, particularly those related to declarations and detachment rules. These requirements vary depending on the assignment’s duration, the employee’s status, and the applicable laws in each country. Our specialized expertise is at your disposal to ensure compliance with legal obligations relating to administrative procedures, social security, and taxation, and to legally secure the employee leasing arrangement and minimize the risk of noncompliance and sanctions.
You have any other questions ?
Please feel free to ask them directly here.
How do employee representative bodies work in France and Germany ?
Employee representative bodies play a key role in representing employees within the company. Our employment and social security law specialists assist employers and employee representatives.
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Which companies are required to establish an employee representative body ?
Expand contentOur lawyers specializing in international employment law will help you select the right employee representative body for your company and implement it. They will also inform you of your related legal obligations.
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How to organize elections within your company ?
Expand contentOur lawyers specializing in international employment law help companies ensure that elections are conducted transparently and in full compliance with legal requirements.
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How to manage the day-to-day operation of employee representative bodies ?
Expand contentOur lawyers specializing in international employment law provide ongoing support to ensure the rights and obligations of employee representatives and employers are fully respected.
You have any other questions ?
Please feel free to ask them directly here.
How to manage employment relations throughout the entire duration of the contract ?
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Can a company director be both an employee and a managing director ?
Expand contentThe legal status of company directors differs significantly between German and French law. In Germany, under certain conditions, it is possible to hold a corporate office and an employment contract or service agreement simultaneously. In contrast, French law strictly enforces the non-cumulation principle, which prohibits holding an employment contract and a corporate office simultaneously.
These differences have significant implications for dismissal protection, social security coverage, and severance entitlements.
Our lawyers specializing in employment and corporate law ensure optimal legal security for executive functions. They will guide you, starting from the recruitment stage, in selecting the legal framework best suited to your needs in both Germany and France. This will help you avoid any confusion or reclassification of a corporate office as an employment contract.
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What are the rights and obligations regarding remote work ?
Expand contentRemote work raises numerous legal questions regarding its implementation, the rights and obligations of employees and employers, reimbursement of professional expenses, the right to disconnect, and the handling of occupational accidents occurring at home.
Our lawyers specializing in employment law can help you secure your practices and answer all your questions about remote work.
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How to manage absences and sick leave in a company ?
Expand contentBoth employers and employees may have questions about absences and sick leave, such as conditions for justification, salary maintenance, medical checks, sanctions for unjustified absences, and protection against dismissal.
Our lawyers specializing in international employment law can advise and assist you in securing your procedures and addressing your needs.
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What are the rules for accruing and taking paid leave ?
Expand contentPaid leave is a fundamental employee right. However, its accrual and use can raise questions about the number of accrued days, refusal or postponement of leave, compensation, the impact of sick leave, and specific rights in the event of contract termination.
Our lawyers, who specialize in French and German employment law, can assist and advise you to ensure the secure management of paid leave.
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How to implement variable remuneration or bonuses in full compliance ?
Expand contentVariable remuneration, including performance bonuses, profit-sharing schemes, participation programs, and value-sharing bonuses, is an essential tool for motivating and rewarding employees.
Our lawyers specializing in employment law support you in implementing, managing, and securing these schemes to ensure compliance and effectiveness.
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What is a benefit in kind and how should it be reported ?
Expand contentBenefits in kind are goods or services provided by an employer to an employee for personal use, such as housing, a vehicle, meals, or computer equipment. These benefits are part of the employee’s compensation and are subject to social security contributions and income tax.
Our lawyers specializing in employment law assist you in managing and reporting benefits in kind to ensure compliance and avoid any risk of reassessment by social security authorities.
You have any other questions ?
Please feel free to ask them directly here.