English-speaking employment law attorney in Montpellier, South of France

As an English-speaking attorney Me FOURNIÉ is able to provide a wide range of legal services from advice to representation and litigation in employment law, social security law, immigration law. He can assist individuals and foreign companies operating in Avignon, Nimes, Montpellier, Beziers and Narbonne as well as throughout France.

Me FOURNIÉ is listed by the US Embassy, the Australian Embassy and the UK Embassy in Paris as an English-speaking lawyer in the South of France.

Me FOURNIÉ has extensive experience in assisting foreign companies and employees seeking legal advice or having dispute in the field of French labor law and possible dismissal procedures.

His aim is to avoid legal proceedings and to be as pragmatic as possible.

Areas of expertises:

• Drafting of open-ended / close-ended employment contracts
• Promise to hire
• Non-competition clause
• Sanctions : warning, reprimand, disciplinary layoff, transfer, demotion
• Dismissal for professional incompetence, disciplinary reasons (serious negligence/misconduct)
• Dismissal based on economic grounds / Downsizing plan
• Harassment/Discrimination
• Variable compensation, target bonus, free share grants
• Termination by mutual consent “Rupture conventionnelle” (negotiation, review of compensation, implementation)
• Termination of employment contract and drafting of settlement agreement
• Personnel audit
• Assistance and representation before the Employment court (i.e. “The Conseil de prud’hommes”) and Social security chamber (i.e. “Pôle social du Tribunal judiciaire”)

• Inexcusable negligence: conciliation and hearing before the Social security chamber
• Accidents and occupational illness: management of the entire procedure (drafting of the letter of reservations, assistance during the investigation carried out by the authorities, petition to the administration and referral to the Social security chamber)
• Actions to contest the amount of compensation for accidents and illnesses
• Payroll tax reassessment by the “URSSAF”

Employment contracts

Q: What should I be aware of when signing an employment contract in France?

A: Pay particular attention to provisions regarding salary, working hours, termination conditions, and non-competition clauses. Me FOURNIÉ is well-versed in complex legal language and can provide clear explanation to address any ambiguities.

Q: Can I negotiate the terms of my employment contract ?

A: French labor law and collective bargaining agreements (“CBA”) provide significant protections for employees, including minimum wage, paid leave, and health insurance. While there is some flexibility for negotiation, these laws and agreements offer a high level of protection and must be used as a minimum base to negotiate.

Q: I have signed a hiring agreement that includes my salary, position, start date and location. What recourse is available if my employer chooses to rescind the hiring agreement?

A: In the event that an employer breaches a hiring agreement, this constitutes dismissal without real and serious cause, entitling the employee to damages.

Working Hours and Leave

Q: What is the legal working week in France?

A: The legal working week is 35 hours, but there may be exceptions in certain sectors and in case of a flat-rate pay agreement covering days worked (i.e. “Convention de forfait en jours”).

Q: What is the amount of paid annual leave I am entitled to?

A: Employees in France are entitled to a minimum of five weeks of paid annual leave per year, although special provisions may apply in case of a more favorable CBA.

Q: What are the rules regarding overtime work and public holidays?

A: Overtime is generally strictly regulated, and there are specific rules for working on public holidays.

Workplace Issues

Q: Can a French labor law attorney assist in resolving a workplace dispute with my employer?

A: Yes, Me FOURNIÉ is available to negotiate on your behalf, mediate the dispute, or represent you in legal proceedings if necessary.

Q: What are my rights if I am facing discrimination or harassment in the workplace?

A: French law provides robust protections against harassment or discrimination based on factors such as gender, religion, nationality, an alleged race, age and philosophical opinion. Me FOURNIÉ can advise you on your legal options and assist you in reporting the incident to your HR department or filing a complaint.

Q: Can a French labor law attorney provide guidance on my rights regarding maternity or paternity leave?

A: Yes, they can provide guidance on your entitlements and help you navigate any related issues.

Termination of employment

Q: What are the circumstances that would result in the termination of my employment?

A: French labor law imposes restrictions on termination, and employers must generally have a valid reason for dismissal.

Q: What are my rights if my employment is terminated?

A: In the event that your termination is deemed unfair, you may be entitled to compensation or reinstatement.

Q: What is the notice period for termination of employment in France?

A: The notice period is determined by various factors, including your seniority and other circumstances.

Taxes and social security

Q: What is the tax structure for wage income in France?

A: French income tax is progressive, meaning that higher earners pay a higher percentage of their income.

Q: Why social security contributions must be paid?

A: These contributions are used to fund various social benefits, including healthcare, retirement, and unemployment insurance.

Q: How can I ensure that my employer is correctly withholding and paying my taxes and social security contributions?

A: It is advisable to regularly review your payslip and consult with an attorney if you have any concerns.

***

It is of paramount importance to recognize the intricacies of French labor law, which can be quite complex. For instance, the French Labor Code comprises a substantial volume of 3,492 pages, in addition to the specific provisions stipulated by collective bargaining agreements in various sectors and company-specific agreements. In the event that inquiries or concerns arise, it is highly recommended to seek the counsel of a legal professional.

To schedule a consultation, please contact Me FOURNIÉ using one of the following methods:

• Call + 33 766 710 056
• Use the email form below to ask a question or request a consultation.