Human Resources

How to manage employment relations throughout
the entire duration of the contract?

Can a company director be both an employee and a managing director?

The 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.

What are the rights and obligations regarding remote work?

Remote 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.

How to manage absences and sick leave in a company?

Both 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.

What are the rules for accruing and taking paid leave?

Paid 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.

How to implement variable remuneration or bonuses in full compliance?

Variable 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.

What is a benefit in kind and how should it be reported ?

Benefits 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.

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