Intercompany training
Employment, labour and social security law
Training courses to implement best practices in terms of labor law and social security within your company. Training tailored to your needs.
Train your teams and employees: President, CEO, CFO, HRD, recruitment manager and others.
THE FUNDAMENTALS OF LABOUR LAW FOR MANAGERS
Training objectives:
- Master the rules applicable to hiring a foreign employee
- Knowing the steps and formalities to follow and the penalties incurred
- Better anticipate future recruitment of foreign workers
Prerequisites
No prerequisites
Duration
2 hours
Participation
In-class or online
Many companies need to hire a foreign employee to meet labor shortages in certain sectors, or to make use of specific skills/expertise.
Hiring a foreign worker, however, is a process fraught with pitfalls, subject to strict procedures that employers must scrupulously respect, or risk incurring serious penalties.
- What rules apply when hiring a foreign employee?
- Under what conditions can a company recruit a foreign worker?
- What are the formalities to be carried out before and at the time of hiring?
- What is a work permit and how do I get one?
- What taxes does the employer have to pay?
- What are the penalties for irregular hiring?
- How do you deal with the expiry of a residence permit?
- How do you deal with the discovery of the absence or loss of a work permit and/or residence permit?
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DELEGATION OF POWERS IN EMPLOYMENT LAW
Training objectives:
- Know the rules governing the main business expenses
- Identify risky practices within your organization
- Eliminate the risk of recovery
Prerequisites
No prerequisites
Duration
2 hours
Participation
In-class or online
In the context of URSSAF audits, a large proportion of reassessments relates to the reimbursement of professional expenses: long-distance travel allowances, meal expenses (basket allowance, business meals, restaurant meals), teleworking expenses, seminars, commercial or festive events, team-building, customer gifts, transport expenses…
- Long-distance travel allowances
- Meal expenses
- Teleworking expenses
- Seminars and business trips
- Gifts and vouchers awarded to employees
- Home/work travel expenses
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SEXUAL HARASSMENT AND GENDER-BASED HARASSMENT IN THE WORKPLACE: PREVENTION AND ACTION
Training objectives:
- Legal framework for sexual harassment in the workplace
- Recognizing sexual harassment
- Know your employer’s obligations in terms of sexual harassment
- Identify best practices for dealing with reports of such incidents
Prerequisites
No prerequisites
Duration
2 hours
Participation
In-class or online
In the wake of the Weinstein affair, movements such as #MeToo and its French offshoot #BalanceTonPorc have helped to free victims’ speech, including in the professional sphere.
Employers, who are responsible for the safety of their employees, are key players in the fight against sexual harassment and gender-based violence. They not only have a duty of prevention, but also an obligation to act when such incidents are reported.
We’d like to take a look at this issue to help you better understand these situations and identify the solutions you need to adopt to take effective action as soon as the facts are reported.
1/ A look at the concepts of sexual harassment and sexist harassment
- Definition and legal framework of sexual harassment and distinction from other concepts
- Concrete examples of sanctionable conduct
- Penalties incurred
2/ The employer’s various obligations in terms of preventing and informing employees about sexual harassment and sexist harassment
- Scope of the prevention obligation
- Information obligation
- The obligation to appoint “sexual harassment” representatives
- Updating internal regulations and the DUER
3/ Responding to reports of sexual harassment or gender-based harassment
- Setting up reporting and investigation procedures
- Essential guarantees
- Procedure for punishing proven acts of sexual harassment
- Litigation concerning harassment
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RECRUIT WITHOUT DISCRIMINATING
Training objectives:
- Reminder of the legal framework for non-discrimination in recruitment
- Understanding discrimination mechanisms and their effects
- Know the penalties applicable to discrimination
- Identify best practices to avoid the risk of litigation.
Prerequisites
No prerequisites
Duration
2 hours
Participation
In-class or online
The January 27, 2017 Equality and Citizenship Act requires professionals in charge of recruitment assignments to undergo training in non-discrimination in hiring. Under article L 1131-2 of the French Labor Code, companies with at least 300 employees, as well as those specializing in recruitment, are required to provide training on non-discrimination in recruitment to their employees in charge of recruitment at least once every five years.
A complex issue given the stereotypes and prejudices unconsciously applied by recruiters.
And yet, with the strengthening of non-discrimination legislation and the means available to victims to assert their rights, there is a real risk to companies in terms of both litigation and image.
It is therefore essential to be familiar with the relevant legislation in order to set up reliable recruitment procedures.
1/ Non-discrimination regulations
- The principle of non-discrimination in access to employment
- Overview of prohibited criteria and illustrations
- The concepts of direct and indirect discrimination
- Differences in treatment are nevertheless permitted
2/ Ways to combat discrimination in hiring
- The need to objectify the recruitment process
- Non-discrimination training for recruiters
- Actions to improve language skills
- French
- Making diversity a genuine corporate policy
3/ The risks involved
- Civil and criminal penalties
- The prerogatives granted to the Rights Defender
- Litigation concerning discrimination in hiring: who can take action?
- act? competent court? burden of proof, group action, …
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THE FUNDAMENTALS OF LABOUR LAW FOR MANAGERS
Training objectives:
- Know the rights and obligations of each person with regard to religious freedom in the workplace
- Reacting to real-life situations
- Anticipating difficulties and providing a better framework for religious practice within the company
Prerequisites
No prerequisites
Duration
2 hours
Participation
In-class or online
Employers are called upon to take a stand on various employee requests concerning religious practices in the workplace: absences and flexible working hours for religious holidays and prayers, special menus in the canteen, and so on. It may also be confronted with a refusal to perform work deemed contrary to religion, or the wearing of ostentatious religious clothing or symbols.
While religious freedom is a fundamental freedom that must be respected in the workplace, it is not without limits. The employer’s power of direction allows it to impose certain restrictions.
1/ Religious freedom and contractual obligations
2/ Religious freedom and physical appearance
- Wearing ostentatious religious clothing or symbols
- Wearing a beard
- …
3/ Religious freedom and freedom of expression
- Managing proselytism
4/ Limits to religious freedom in certain companies
- Trend-setting companies with a public service mission
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DELEGATION OF POWERS IN EMPLOYMENT LAW
Training objectives:
- Ensure the effectiveness of delegations and sub-delegations of authority
- Anticipating litigation risks
Prerequisites
No prerequisites
Duration
2 hours
Participation
In-class or online
It would appear useful to check and secure delegations of powers (and also sub-delegations of powers) relating to personnel management (working hours, teleworking, hiring, termination of employment contracts, equality, etc.), hygiene, health, safety and the environment at work, and the management of employee representative bodies, and to ensure their effectiveness and publicity, particularly with regard to the effects of these delegations of powers, especially in the event of criminal prosecution.
1/ Definition, basis and scope of delegation of powers in employment law
- Hygiene, health, safety at work and the environment, personnel management, management of employee representative bodies
2/ Conditions of validity and implementation of the delegation of powers in employment law
- Who can be eligible, for what purpose and with what resources, and according to what formalities?
- Delegation and sub-delegation of powers, publicity, monitoring of changes in these powers
3/ Effects of delegation of powers in employment law
- with regard to the delegator, the delegatee and the legal entity
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BUILDING A WORKING RELATIONSHIP WITH PROTECTED EMPLOYEES
Training objectives:
- Identify employees with protection against dismissal
- Knowing the rights and obligations of employers and employees holding a protective mandate
- Identify the specificities of holding a protective mandate
Prerequisites
No prerequisites
Duration
2 hours
Participation
In-class or online
Protected” employees include elected or mandated employees, as well as former employee representatives, who are not always (easily) identifiable by the company, even though their protection is a particular issue and requires particular vigilance.
In addition to the hours of delegation, specific interviews and discrimination litigation they are likely to be involved in, these employees are above all granted a protective status generating special procedures both during the performance of the contract and at the time of termination. Given the stakes involved in respecting this specific status, it’s particularly useful to know everything there is to know about it!
1/ Identify employees with coverage
- Employees with an internal mandate (CSE representatives, union delegates, etc.)
- Employees holding a position outside the company (industrial tribunal members, etc.)
- Other employees: former mandate holders, employees who have requested elections, election candidates
2/ Management during the term of office
- Delegation hours
- Modifying or transferring an employment contract
- Sanction
- Retention of functions within the company
- Compensation trends
- Mandate-related interviews
- Risk of discrimination-related litigation
3/ Breaking the employment contract
- Specific dismissal procedure
- Authorization to terminate an agreement
- Risks
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STREAMLINING IRP OPERATIONS THROUGH COLLECTIVE BARGAINING
Training objectives:
- Learn how to simplify the conduct of social dialogue within the company
- Identify collective agreements that can be negotiated with employee representatives to simplify the conduct of social dialogue
Prerequisites
No prerequisites
Duration
2 hours
Participation
In-class or online
A multiplicity of representative bodies, duplication between the various central and local bodies, proliferation of recourse to expert appraisal… these are just some of the problems encountered by companies, which are detrimental to clear and effective social dialogue.
The “Macron” ordinance n°2017-1386 of September 22, 2017 opened up a wide range of possibilities for organizing, by means of a collective agreement, the operation of the IRPs by defining the distribution of competences between the various bodies and simplifying the implementation of mandatory consultations and negotiations.
Using collective bargaining to rationalize social dialogue within the company is a real opportunity for simplification, but it first requires an overview of the framework for setting up the IRP and the employer’s obligations towards them, before identifying the areas and methods of negotiation that can be envisaged.
1/ Reminder of the organizational framework and prerogatives of the IRPs
- Level(s) of IRP designation
- Competences of the IRP
2/ Possibility and benefits of organizing social dialogue within the company by collective agreement
- Framing CSE consultations
- Framing mandatory negotiations
- Details of the agreement aimed at streamlining social dialogue within the company
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PREVENTING AND MANAGING CRIMINAL RISKS IN LABOR LAW
Training objectives:
- Identifying criminal risks in labor law
- Understand the tools and best practices for preventing and managing criminal risks in labor law
Prerequisites
No prerequisites
Duration
2 hours
Participation
In-class or online
Companies must be increasingly transparent, and have processes in place to ensure prevention and compliance with the legal and ethical standards applicable to them. At the same time, decisions – or lack thereof – are open to criminal prosecution.
In addition, the prerogatives of the labor administration in criminal labor law have increased considerably, with a strengthening of its organization and controls. The labor inspectorate is asked to intervene more regularly to ensure that social legislation, and in particular safety rules, are properly applied in companies. For their part, the legal authorities have a wide range of solutions at their disposal, enabling them to respond more rapidly to breaches of employment legislation.
It would seem essential to take stock of these various prerogatives, as well as the identification, prevention and management of the criminal risks that employees, employers, legal entities and managers may face on a day-to-day basis.
1/The main labour law offences
- Health and safety offences (unintentional injury, endangering others, etc.)
- Discrimination and harassment offenses, obstruction offenses
- Illegal employment offenses (concealed work, illegal loan of labor, etc.)
2/ The various measures that can be taken by the labor administration and legal authorities in the event of breaches of labor legislation
- From the labor authorities: criminal hearings, administrative fines, settlements, etc.
- From the legal authorities: alternatives to prosecution, prosecution, fixed fines, etc.
3/ Rights and obligations of employees and employers
- Delegation and sub-delegation of powers
- Personal criminal liability physical / personal moral
- Best practices to prevent criminal risks
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SOCIAL AND ECONOMIC COMMITTEE: ROLE, OPERATION AND POWERS
Training objectives:
- Understanding the role, functioning and powers of the CSE
- Improve social dialogue between elected representatives and management and work together in the company’s interests
Prerequisites
No prerequisites
Duration
12 hours (3 half-days)
Participation
In-class or online
This training course, aimed at managers, executives and elected representatives alike, provides an understanding of the role, responsibilities and operation of the Comité Social et Economique (CSE), which brings together the employee representatives responsible for ensuring the well-being of employees and the consideration of their interests within the company.
A wide range of topics are covered, including all aspects relating to participants in CSE meetings, CSE meetings and the resources available to carry out the tasks assigned to it.
Finally, each study is completed by one or more exercises, enabling participants to put into practice the developments studied.
1/Definition and role of the CSE
- Presentation of the labor relations framework
- Chairman of the CSE
- Staff delegation to the CSE
- Non-CSE members
2/ Functioning of the CSE
- Exercising the mandate: replacement of elected representatives, obligation of secrecy and discretion, …
- Internal organization: CSE office, rules of procedure
- CSE meetings: convening and preparation, agenda and addressees; ordinary and extraordinary meetings, deadlock, votes and deliberations, opinions and wishes, minutes
3/ Functions of the CSE
- Managing information and consultations: recurrent, ad hoc, environmental, health, safety and working conditions (SSCT), corporate bodies, deadlines and procedures
- Cases of recourse to expertise
- CSE budgets: operating budget, ASC, best practices
- CSE accounts: maintenance, approval, accounting documents
- Resources : pers. insurance, bank account, premises and signage
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IN-HOUSE LABOR ADMINISTRATION CHECKS
Training objectives:
- Find out about labor inspection control measures
- Anticipate control procedures according to situations
- Understanding the risks involved
Prerequisites
No prerequisites
Duration
2 hours
Participation
In-class or online
The Labor Administration is continuing, and even stepping up, its inspections to verify the proper application of labor regulations (including those relating to safety, health and working hours, as well as those concerning professional equality) in companies, while adapting its objectives and powers of investigation to the economic context.
It is essential to take stock of these prerogatives, which may affect employees, the company and its directors, and of the risks involved, particularly criminal risks, in the event of breaches.
1/ Review of labor administration inspections and outlook, with a focus on
- Management of employee representative bodies and their renewal
- Personnel management: professional interviews, professional equality, health and safety, etc.
- Working hours and occupational health and safety rules
2/ Investigative powers of the Labour Administration in the event of an inspection and its consequences
- Controls and their practical arrangements: right of entry and visit, right of access to company documents, right of inquiry, etc.
- Open criminal hearings: for which offenses? What rights do people have when they are interviewed?
- Follow-up to inspections (formal notices, appeals to the interim relief judge, penalty notices, penal settlements, administrative fines, etc.) and the relationship between the powers of the labor administration and those of the police and judicial authorities.
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CORPORATE REORGANIZATION: RCC, PSE, PDV, APC, HOW TO ARBITRATE?
Training objectives:
- Knowing the different legal reorganization mechanisms
- Identify the right system for your company’s needs
Prerequisites
No prerequisites
Duration
2 hours
Participation
In-class or online
Companies must constantly adapt their organizations to meet the demands of their economic environment and operational requirements.
A number of legal measures can be mobilized to support these necessary social transformations (collective severance agreements, collective performance agreements or collective redundancies).
We’d like to take a look at these different systems, highlighting their advantages and disadvantages, to give you an overall view of the different reorganization options available to suit your needs.
1/ Presentation of the main mechanisms that can be mobilized to support social transformation
- The collective performance agreement
- Collective agreement
- Mobility leave
- Voluntary redundancy plan
- The job protection plan
2/ Putting the various systems into perspective in terms of their objectives
- The main questions to ask when arbitrating
- Focus on certain constraints
- Summary of the advantages/disadvantages of each system to define the best strategy to adopt
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