Reorganization / restructuring
Ensuring employee mobilityFor reasons of cost, or practicality, of prestige, or fashion, companies often move premises. SEA AVOCATS is available to help employers in this change. Most site changes require consultation with the CSE, assessment of impact on the contractual status of employee groups, preparation of riders, negotiation of a removal agreement, and all accompanying measures.
SEA AVOCATS is one of only three law firms in France to have used the mobility agreement provisions (arising from the 2013 Employment Protection Law) and have been successful before the Courts on this subject, having been forced into litigation by the CGT trade union. On the strength of this experience, our teams are able to accompany the equivalent actions that will now take the form of collective performance agreements (APC) (see “Dealing with a difficult economic situation while avoiding dismissals”).
Dealing with a difficult economic situation while avoiding dismissalsFollowing on from competitiveness agreements, then job-retention agreements, now is the time for Collective Performance Agreements (APC). Our lawyers will guide you along this new route in which the power of the collective is boosted, taking priority over the individual. These Agreements open up the route to a Copernican revolution in the very conservative conceptual universe of the workforce, in which until now the notion of contractual rights was doggedly considered as a sort of unalterable Tablet of the Law. Firms are henceforth better equipped to adapt their operations in anticipation of expected market movements, perceptible or expected changes in consumption, profound technological changes and new trends.
Reducing the workforceWhere it is still possible to take preventive measures, the collective agreement discussed will be the Collective Termination Agreement; a conciliatory means of dealing with an anticipated labor issue. Our teams have seized the opportunity presented by this new instrument, for your use in managing staffing overcapacity, in the mid and long-term. A strong political and voluntary implication in the preparation of the content having led to this reform allows SEA AVOCATS to understand better than anyone its philosophical foundations and practical applications.
Where, unfortunately, expectations prove to be inadequate, or market movements are too sudden to be forecast, the key to adjusting staff numbers will remain the employment protection plan (PSE). Our teams are available to support firms at such difficult times, never failing to understand the emotional impact that surrounds these decisions and wells up throughout the process, both on the part of Management and that of the workforce. Assisted by expert consultants specialized in dealing with such situations, SEA AVOCATS facilitates negotiation of the PSE and appropriately advises the HR Department so that the implemented means respect budget constraints, meet the expectations of employees and trade union organizations in terms of training and reclassification, and meet the requirements of the administration.