Employment law

MOSAIK advises companies and executives in managing their individual employment relations, at every stage of the contractual relationship.

Scope and stakes of individual employment relations

Individual employment relations cover all legal interactions between an employer and an employee, as opposed to collective labour relations, which involve employee representatives and trade unions.

This field covers recruitment, the conclusion and drafting of the employment contract, its modifications, discipline, compensation, working time arrangements, professional training and every possible form of termination: dismissal, resignation, mutually agreed termination, retirement.

For the employer, every decision concerning an employee carries legal risks. A poorly drafted clause, an irregular disciplinary procedure or an insufficiently substantiated dismissal can lead to an adverse ruling before the employment tribunal, with significant financial and human consequences.

Concluding and performing the employment contract

Drafting the contract

The employment contract sets the legal framework of the professional relationship. Some provisions are mandatory; others are optional but strategic: non-compete, mobility, exclusivity and confidentiality clauses. Their precise drafting, tailored to the company's situation and the employee's profile, is essential to prevent future disputes.

Modifying the employment contract

Over the course of the professional relationship, adjustments may become necessary: changing responsibilities, a move to another department, a reorganisation, domestic and/or international mobility. French law distinguishes between a mere change in working conditions, which the employer can impose unilaterally, and a modification of the contract itself, which requires the employee's express consent. An error of classification exposes the employer to a risk of a prise d'acte (employee-initiated termination attributed to the employer's breaches) or judicial termination. MOSAIK assists companies and executives through these changes, to classify the contemplated change correctly and follow the appropriate procedure.

Disciplinary management

The employer holds management and disciplinary powers. Faced with misconduct, the employer may issue a warning, a disciplinary suspension or a dismissal for misconduct. These procedures are subject to strict rules (invitation to a preliminary meeting, time limits, notification) and any failure to comply makes the procedure irregular. MOSAIK guides you in calibrating the sanction, following the procedures and securing your decisions.

The ways an employment contract can end

The termination of an employment contract is a legally sensitive moment, whatever the route chosen:

• Dismissal on personal or economic grounds requires strict compliance with the procedure and the existence of a real and serious cause, failing which it is reclassified as a dismissal without real and serious cause;
• The approved rupture conventionnelle (mutually agreed termination) allows an amicable separation, but its validity rests on the free consent of both parties, without pressure or any defect in consent;
• The prise d'acte by the employee, which ends the contract at the employer's fault, requires that the alleged breaches be serious enough to justify the termination.

In each of these situations, the early involvement of a lawyer makes it possible to anticipate the risks and adopt the most suitable strategy.

Employment tribunal litigation

Bringing a claim before the conseil de prud'hommes

The conseil de prud'hommes (French employment tribunal) is a joint labour court that resolves individual disputes arising from the employment contract. The procedure is free of charge and legal representation is optional, although strongly recommended given its technicality and the financial stakes involved. The claimant files a petition with the registry of the competent tribunal, generally that of the place of work. The conciliation and orientation panel (Bureau de Conciliation et d'Orientation, BCO) summons the parties to attempt a prior conciliation. If conciliation fails, the case is referred to the judgment panel, which rules after adversarial hearings.

Litigation strategy

MOSAIK analyses the strengths and weaknesses of the case before initiating or defending litigation. For the employer, the defence rests on demonstrating the regularity of the procedure and the merits of the decisions taken. The employer may also bring a claim before the employment tribunal regarding a possible breach of a non-compete clause.

Employment tribunal judges have broad discretion, particularly when assessing the seriousness of misconduct or whether a dismissal has a real and serious cause: solid arguments and a convincing presentation at the hearing often make the difference.

Individual employment relations are a sensitive legal field where mistakes can be costly. For the employer, a poorly conducted procedure generates financial penalties and damages the workplace climate. For the employee, knowing their rights makes it possible to assert legitimate interests and avoid detrimental situations. MOSAIK puts its expertise at your service, whether you are an executive or an employee. Contact us for an initial discussion and a precise analysis of your situation.

Frequently asked questions

Is a lawyer required before the French employment tribunal?

No, representation by a lawyer is optional. However, the technical complexity of these cases and the often significant financial stakes largely justify a lawyer's involvement, for the employee as well as for the employer.

Can an employment contract be modified without the employee's consent?

It depends on the nature of the change. A mere change in working conditions can be imposed unilaterally by the employer. A substantial modification of the contract (affecting compensation, the place of work outside the same geographical area, working time or core duties) requires the employee's express consent.

What are the time limits for bringing a claim before the French employment tribunal?

To challenge a dismissal, the employee has twelve months from notification of the termination. For other claims (back pay, discrimination, harassment) the time limit is two years (harassment), three years (wages) or five years depending on the nature of the claim. It is essential not to let these deadlines expire without acting.

Is the lawyer's role limited to litigation?

No. MOSAIK acts ahead of litigation to secure the company's practices: audits of contracts and procedures, drafting of template documents, training of HR teams. This preventive approach is often the most effective way to reduce exposure to employment tribunal risk.