Social issues: preparing for the future

How to address the many social issues of this new world of work?

Human resources departments have been in great demand since the beginning of the Covid 19 crisis and are still on the front line: teleworking, the social impact of the crisis, the four-day week, the introduction of flex office, etc. There are many issues to be addressed.
Our Employment team remains mobilized to accompany its clients in this post-health crisis period and to answer all their questions.

• Social relations, collective bargaining: adapt the organization and working time
• Restructuring strategy and management: which tools should be used?
• Health and safety: how to make your protocols evolve and prevent employer liability?
• How to deal with the post-crisis daily life?
• Social audit and social aspects of M&A operations
• International mobility
• Complementary social protection
• Remuneration and employee savings

Social relations, collective bargaining: adapt the organization and working time

In order to enable companies to cope with and respond urgently to the consequences of the COVID-19 epidemic, the rules for negotiating collective agreements and consulting employees’ representatives have been adjusted and adapted, and social dialogue has become essential.

To meet the needs of the company, our team will assist its clients in conducting their negotiations with the social partners (renegotiation of working time agreements, collective performance agreements, perpetuation of teleworking, agreement on the organization of paid leave/RTT days/rest days, etc.) and in collecting the opinions of employees’ representatives at all stages: strategy, drafting, implementation.

Alexandre Bensoussan | Karine Bézille | Sandra Hundsdörfer | Sophie Marinier

Restructuring strategy and management: which tools should be used?

Many companies are forced to review their organization and strategy in order to cope with the consequences of the COVID-19 crisis on their market. Various levers can be activated at the end of the crisis, with or without staff reductions.

Our team supports its clients in the management of these long-term restructuring and reorganization (long-term furlough, collective performance agreements in order to adjust working time and/or remuneration, job saving plans, collective redundancies, voluntary departure plans, collective mutual termination, mobility leave, etc.), at all stages of the project : definition of strategy and planning, elaboration of information-consultation and communication documents, support in the conduct of negotiations and relations with employees’ representatives, experts and the French administration, elaboration and implementation of draft agreements, etc.

Alexandre Bensoussan | Karine Bézille | Sandra Hundsdörfer | Sophie Marinier

Health and safety: how to make your protocols evolve and prevent employer liability?

The employer’s obligations in terms of health and safety were particularly solicited during the health crisis: constant assessment of occupational risks, updating of the risks assessment document (DUER) and internal regulations, management of psychosocial risks.

Our team supports its clients in adapting their health protocol in accordance with the evolution of their activity (return on site, teleworking, furlough) as well as in the associated information and consultation or negotiation processes, including, if need be, in the event of litigation (expertise, formal notice from the labour inspectorate, etc.).

We also assist our clients in the event of civil liability (breach of safety obligations, occupational accident/ disease, inexcusable fault, anxiety prejudice) or criminal liability (endangerment, injury or manslaughter) of the company and its managers.

Alexandre Bensoussan | Karine Bézille | Sandra Hundsdörfer | Sophie Marinier

How to deal with the post-crisis daily life?

Faced with the impact of the health and economic crisis linked to COVID-19 on their business, companies must not only manage any major restructuring projects, but also face a new post-crisis daily life.

Our team is on our clients’ side to answer all their questions as they gradually return to normal in a constantly changing legal context. We also assist them in setting up standardized processes for specific post-crisis issues such as furlough, the management of their vulnerable employees, the organization of medical visits, the return of a COVID-19 patient on site, the impact of new deadlines on their various ongoing procedures, etc.

Alexandre Bensoussan | Karine Bézille | Sandra Hundsdörfer | Sophie Marinier

Social audit and social aspects of M&A operations

In addition to the HR topics usually audited during M&A transactions or compliance analysis, the COVID-19 epidemic has led to audit new risks related in particular to the implementation of furlough within the company (possible commitments to maintain employment, reimbursements or penalties in the event of an audit), or to the measures put in place within the framework of business continuity or on-site recovery that may expose the employer’s responsibility (updating of the risks assessment document, post lockdown plan, teleworking, etc.).

Our team has integrated all of these aspects into its audit management.

Alexandre Bensoussan | Karine Bézille | Sandra Hundsdörfer | Sophie Marinier

International mobility

The health crisis has naturally put the brakes on international mobility projects and raised questions about the future of local structures, while also raising numerous issues: what about an obligation to repatriate? what about the French employer’s obligation to prevent and protect health? what about adapting the missions of nomadic or telecommuting employees? what about encouraging business trips instead of international mobility?
Our mobility experts, present in each of our offices, support their clients on all these issues.

Alexandre Bensoussan | Karine Bézille | Sandra Hundsdörfer | Sophie Marinier

Complementary social protection

The Government was forced to intervene to address the thorny issue of maintaining and contributing to the health and welfare schemes during furlough.

Our team accompanies its clients to analyze their insurance contracts and their implementation acts in order to take the necessary measures to comply with the legal provisions.

In addition, the health crisis has shown to what extent the care of employees in the event of an epidemic will become a major issue (coverage of tests, salary maintenance, long-term care coverage, etc.). Our team will assist its clients in setting up or regularizing existing schemes to take account of future developments.

Alexandre Bensoussan | Karine Bézille | Sandra Hundsdörfer | Sophie Marinier

Remuneration, employee savings and inflation

Several exceptional measures relating to employee savings have been taken by the Government to support companies in the face of the COVID-19 epidemic.

Our team can help you formalize and implement these measures, in particular the exceptional purchasing power bonus.

In addition, the current situation can be an opportunity for the company to define new objectives, and to fully involve employees in this process.
Similarly, in the face of inflation, our team assists its customers in setting up appropriate remuneration schemes.

Our team assists customers in defining and formalizing compensation policies and employee savings schemes (profit-sharing, employee share ownership, etc.).

Alexandre Bensoussan | Karine Bézille | Sandra Hundsdörfer | Sophie Marinier