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CHAIRING THE COMMITTEE ON EMPLOYMENT AND BUSINESS-RELATED MATTERS (“CSE” – FORMERLY KNOWN AS THE WORKS COUNCIL): TIPS TO KNOW AND TRAPS TO AVOID WHEN RUNNING A CSE MEETING
Programme : How the CSE operates: master the procedural subtleties and know how to respond to the unexpected
  • The CSE’s resources
  • Managing CSE meetings

The CSE’s powers and responsibilities: managing the members’ prerogatives

  • The CSE’s powers and responsibilities according to the size of the company’s workforce
  • Know how to tell the difference between the obligation to inform and the obligation to consult

xtraordinary procedures: know how to react and how to make the right decisions

  • The CSE’s right to obtain expert assistance
  • Ways in which the CSE can sound the alarm

Why you need this training:

  • In-depth analysis of the latest case law and trends
  • Real-world advice on complying with legal obligations, mitigating the risk of litigation and coordinating actions
  • Interactive sessions with your trainer
  Fee: €400 + VAT per person (for a training session with a minimum of 5 participants).

Satisfaction score for this training: 4.5/5

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THE LAW IS CHANGING! MENTAL HEALTH IN THE WORKPLACE: OPTIMISE YOUR RESPONSE TO THE NEW OBLIGATIONS
The French Parliament has passed the Occupational Health Act into law. Occupational health has now become a central aspect of employment law. The provisions of the Occupational Health Act place even greater demands on employers, which are already under the considerable burden of an absolute obligation to ensure employee safety. It will create even more work for the employment tribunals, which are already stretched to the limits, as they will have to compel some employers to implement responsible management systems. It is a new legal lever for modifying HR relations and management methods. Could this be an opportunity to reduce hidden costs and optimise management for the good of the company as a whole?
The programme:
  • The reality: increasing human, legal and financial challenges
  • Mental health: definitions and concepts (stress, emotional harassment, burn-out, psychosocial risk factors, etc.)
  • Legal obligations (best efforts/absolute)
  • The impact of the Occupational Health Act on current obligations and practices
  • The strain on management caused by specialised fora and courts: procedures, judicial practices and financial impacts.
  • Strategies for optimising obligations: the essential tools needed to manage and coordinate procedures and actions
  • Analysis of best practices
Fee: €400 + VAT per person (for a training session with a minimum of 5 participants).

Satisfaction score for this training: 5/5

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RULES ON DETERMINING THAT AN EMPLOYEE IS UNFIT FOR DUTY
Become proficient in all the employer’s obligations in connection with determining fitness for duty and potential dismissal procedures

The various ways in which employees can be found to be unfit for duty Determine the cause of an employee’s unfitness for duty


Call the Doctor! Ensuring quality relations with the occupational physician


How can an employee be reassigned to another position? Should an employee be reassigned? The impact of the various recommendations


Employee rights What are these rights? Notice periods, indemnities and specific situations


Managing the risk of litigation Unfitness for duty and emotional harassment

___ Fee: €400 + VAT per person (for a training session with a minimum of 5 participants). Possibility of face-to-face training: maximum of 8 persons (state in the email if you are interested)

Satisfaction score for this training: no scores in 2023

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DAY-TO-DAY EMPLOYMENT LAW
Incorporating employment law into day-to-day management
Employment contract lifecycle: The employment contract from signature, through performance, to termination.
Working time: The difference between working time, working hours and break times. Maximum working times and mandatory breaks. Organise and manage employee absences (paid leave and sick leave)
Disciplinary procedure: from initiation to disciplinary action
Employee representative bodies: who does what?
Ascertaining the main powers and responsibilities of the employee representatives and the labour inspectorate

Fee: €400 + VAT per person (for a training session with a minimum of 5 participants).

Satisfaction score for this training: 4.5/5

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EMPLOYMENT LAW IN FRANCE
A focus on main french employment law rules

Individual labour relations :

Analyse the differents steps of an employment contract

Manage the employer / employee relationship

Dealing with the end of employment contract questions


Collective labour relations :

Staff representatives

Strikes


Litigations and sanctions in french employment law



Tarif : 400 €HT / personnes (pour une formation réunissant 5 participants a minima).

Note de satisfaction attribuée à cette formation : pas d’évaluation en 2023

M’inscrire
PREVENTING AND ADDRESSING EMOTIONAL HARASSMENT
Mitigate the risk of emotional harassment, learn to distinguish between emotional harassment and psychosocial risk factors, address occurrences of emotional harassment

What is emotional harassment?

Statutory definition, illustrations from case law, employer liability


The procedures to be implemented

Determining the in-house procedures for risk mitigation and addressing occurrences


Who does what?

Powers and responsibilities of managers, HR and employee representatives Definition of the role of the occupational physician and the labour inspectorate


Roleplays

Comprehensive real-world case study and recommendations on types of approach



Fee: €400 + VAT per person (for a training session with a minimum of 5 participants).

Satisfaction score for this training: 5/5

M’inscrire
TERMINATE AN EMPLOYMENT CONTRACT AND MITIGATE TERMINATION-RELATED RISKS
From professional incompetence to misconduct: become proficient in the various dismissal grounds and procedures

What are the various types of misconduct? What are their degrees of severity?


Prepare the dismissal case, anticipate the risks

Identify the evidence that is needed in order to mitigate the termination-related risks and assess the potential for a dispute and/or litigation


Procedural guide: from initiation to disciplinary action

How to implement a dismissal procedure successfully and become proficient in the applicable procedures for taking and recording disciplinary action



Fee: €400 + VAT per person (for a training session with a minimum of 5 participants).

Satisfaction score for this training: 4/5

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CRIMINAL EMPLOYMENT LAW RISK AND POWERS OF ATTORNEY
The extent of managers’ criminal liability and that of their delegatees

Situations in which a manager’s criminal liability can be triggered and the main areas in which powers of attorney are used:

Working time

Undeclared employment

Health and safety

Employee rights obstruction


The conditions and effects of a power of attorney


How to draft an effective power of attorney in a company and in a group 


Criminal proceedings: what is involved?

Explanations of the main stages



Fee: €400 + VAT per person (for a training session with a minimum of 5 participants).

atisfaction score for this training: no scores in 2023

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EMPLOYMENT TRIBUNAL LITIGATION MANAGEMENT
Employment tribunal proceedings, from the writ to the deliberation: how to manage each stage

How does an employment tribunal work?


Les différentes étapes de la procédure prud’homale depuis la réforme du 20 mai 2016


The lines of reasoning and the evidence in the major areas of litigation: dismissal, harassment, overtime, etc.


How to manage a case when working with a lawyer

Advice on risk mitigation and facilitating the management of employment tribunal cases with your lawyer


What about settling? 

Explanations and modus operandi for various ways in which negotiations can be used, such as conciliation and settlements



Fee: €400 + VAT per person (for a training session with a minimum of 5 participants).

Satisfaction score for this training: 4.5/5

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MANAGING RELATIONS WITH THE EMPLOYEE REPRESENTATIVES
The separate roles of each of the stakeholders: union delegates, staff representatives, works council, health, safety and working conditions committee

Trade unions and their representatives


The various elected employee representative bodies

The staff representatives and the single employee representative body

The works council: the difference between information and consultation

The central works council

The health, safety and working conditions committee


What resources are available to employee representatives?

Premises, time credits, bulleting boards, tracts, budgets, outside assistance, etc.


What about the risks?

Legal action, obstruction of employee representatives’ rights, discrimination



Fee: €400 + VAT per person (for a training session with a minimum of 5 participants).

Satisfaction score for this training: 5/5

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HOLDING WORKPLACE ELECTIONS
From the negotiation of the pre-election protocol to the calculation of the unions’ representational capacity, how to manage all the stages of the electoral process

Negotiating an effective pre-election protocol using the correct calculation of workforce numbers and the correct location of the various employee representative bodies (in the event of multiple establishments)


From the election campaigns to the vote count: managing all the stages


Postal and electronic votes


Announcing the results and audience measurement


The powers of the labour inspectorate and the role of the courts



Fee: €400 + VAT per person (for a training session with a minimum of 5 participants).

Satisfaction score for this training: 4/5

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GDPR and HR
Understand the impacts of the GDPR on human resources

The contents of the GDPR  

The philosophy, the legal framework and the key issues


The concepts associated with GDPR

Privacy by design, privacy by default and registers of processing operations


Aligning HR policy with GDPR requirements

Setting up a register of processing operations 


The DPO 

The DPO’s roles, assignments and protection


How to deal with data loss

CNIL infringements: what are the penalties?



Fee: €400 + VAT per person (for a training session with a minimum of 5 participants).

Satisfaction score for this training: 5/5

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NEGOTIATE A COMPANY-LEVEL AGREEMENT
Learn how to build an agreement and ensure the legal validity of its conditions

Who?

Determine the stakeholders in the collective bargaining process


How?

Prepare the negotiations: strategy, tools and approach to concessions


Under which conditions?

The main clauses and central themes of the negotiations (with focus on mandatory bargaining)


Key aspects

Successful bargaining, majority rules, referendum, registration, revision, denunciation and renegotiation



Fee: €400 + VAT per person (for a training session with a minimum of 5 participants).

Satisfaction score for this training: 5/5

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ORGANISING AND MANAGING WORKING TIME
Identifying working time law and duration as a tool for organising a company efficiently

Working time

Definition of working time and explanation of related concepts (break time, commuting time, work attire and on-call shifts)


Night work and work on Sundays


Overtime!

How to track, calculate and pay overtime (overtime cycles, annual overtime calculation and alternative work schedules)


Working time quotas expressed in hours or days


The time savings account



Fee: €400 + VAT per person (for a training session with a minimum of 5 participants).

Satisfaction score for this training: 4.5/5

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SETTING UP WORKING FROM HOME (WFH)
Issues raised by a new way of working

What is WFH?

Explanation of the legal definition


How can this type of work organisation be managed?

Presentation of the various methods and patterns for WFH


What about company-level agreements in all of this?

Whether or not it is appropriate to negotiate a company-level agreement


Focus on organisation 

What are the impacts on the contents of the employment contract in terms of working time and the workplace, for example?


Health and safety for WFH employees



Fee: €400 + VAT per person (for a training session with a minimum of 5 participants).

Satisfaction score for this training: 5/5

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DISMISSALS ON ECONOMIC GROUNDS, MASS LAYOFF SCHEMES
Understand the stages in implementing a mass layoff or voluntary redundancy scheme

How a dismissal on economic grounds is defined

The rationale for the dismissals and the legal framework, which is determined by the extent of the project


Everything you need to know about redeployment

Understanding how the redeployment obligation applies in the company or group 


Voluntary redundancy schemes and alternative measures for a reduction in force


The mass layoff scheme

A combination of a company-level agreement and a unilateral decision by the employer


Review by the labour administration


The risks

Presentation of the risks of administrative and employment tribunal litigation



Fee: €400 + VAT per person (for a training session with a minimum of 5 participants).

Satisfaction score for this training: 5/5

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ANTICIPATING A STRIKE
Limiting the impacts and handling a strike effectively

The right to strike

The legal framework, the challenges and the restrictions on the right to strike


Non-striking employees and employees with fixed-term contracts, temporary workers and loans of manpower

How to ensure company security


Minimum service for safety reasons and lock-out

Judicial remedies


Injunctions and interlocutory proceedings

How to punish abuses of the right to strike 


The concept of wilful misconduct: what are the risks?



Fee: €400 + VAT per person (for a training session with a minimum of 5 participants)

Satisfaction score for this training: 5/5

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MASTERING THE FUNDAMENTALS OF SUPPLEMENTARY SOCIAL SECURITY COVER
AIMS
  • Understand and ascertain the various challenges involved in supplementary social security cover;
  • Comply with obligations in order to benefit from exclusion from the basis of assessment for social charges
  • Understand how the French social security authorities approach the issue.

1. INTRODUCTION

  • A complex, multi-faceted subject
  • The specificities of a tripartite relationship: the employer, the insurer and the employee
2. UNDERSTAND THE SOCIAL SECURITY AND TAX ISSUES
  • Application of exclusions from the basis of assessment of social security contributions
  • Tax deductibility for the employee
  • Differences between death and disability benefits, and supplementary pensions
3. CONDITIONS FOR OBTAINING FAVOURABLE SOCIAL SECURITY TREATMENT
  • Form of the scheme: unilateral decision by the employer or company-level agreement?
  • Collective nature of the scheme: how should the beneficiaries be determined?   
  • Mandatory nature of employee membership: tips and traps to be avoided when managing scheme costs
  • Specificities linked to the benefits depending on the nature of the scheme: healthcare expenses, “extensive” death and disability benefits, supplementary pensions
4. HOW THE SOCIAL SECURITY AUTHORITIES APPROACH AN AUDIT
  • Insights provided by the Official Social Security Gazette
  • Adjustment of Social Security additional assessments if the schemes are not collective and mandatory in nature
  • Stock-take of the public’s trust published in March 2021

Face-to-face or remote courses can be provided



Fee: €400 + VAT per person (for a training session with a minimum of 5 participants).

Satisfaction score for this training: 5/5

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UNDERSTANDING A SOCIAL SECURITY AUDIT
AIMS 
  • Understand and ascertain the various challenges associated with employee savings;
  • Learn the differences and points in common between optional incentives and mandatory profit-sharing, and the obligations to be met to ensure exclusion from the basis for social charges;
  • Incorporate the specificities of employee savings mechanisms.

1. INTRODUCTION

  • Missions and organisation of the collections branch
  • Some figures on collections

2. FRAMEWORK OF A SOCIAL SECURITY AUDIT
  • Audit stakeholders: the collections authority, collections inspector and contributors
  • Scope of the audit: contributions, period audited and statute of limitations, duration of the audit
3. STEPS IN AN AUDIT
  • Overview of the audit and importance of respect for the right-to-reply principle at all stages of the procedure
  • Understand the audit notice in order to identify the substantive formalities and mandatory information
  • Implementation of the audit operations: documentary or field audit, access to the premises and to documents, interviews
  • Notification of the audit results: observations letter and response by the audited entity

Case study: analysis of an observations letter

4. FROM AN AUDIT TO THE ADDITIONAL ASSESSMENT
  • Service of a notice to pay: which avenues for appeal against the form of an audit or additional assessment?
  • Referring the audit to the committee for non-contentious appeals
  • Specific scenario of a settlement with the Social Security authorities

Case study: analysis of a notice to pay

Face-to-face and remote courses are offered



Fee: €400 + VAT per person (for a training session with a minimum of 5 participants).

Satisfaction score for this training: 4.5/5

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liste formations

With the benefit of their practical experience, ærige lawyers can provide practical courses in the fields of employment law and civil service law. Our teams define with you the learning expectations of the participants and the level of expertise required. Training materials are produced specifically for each client and each session. The approach to teaching developed within ærige, which has earned the firm Qualiopi accreditation, means that training can be provided on various aspects of employment law at all levels of a company, to a broad range of trainees, including HR personnel, in-house counsels and executives.


WE PROVIDE AN INCLUSIVE TRAINING ENVIRONMENT
Our training courses can be adapted to the specific needs of each participant, upon request.