These changes offer more opportunities and less risk for organizations investing in France. We’ll have the honor of welcoming Mr Pierre-André Imbert, special advisor to President Macron for social affairs.
Mr. Imbert will offer a high-level view of policies related to making France a valuable partner and destination to investors.
We will also offer the perspective of prominent French and US labor lawyers, as well as the view of a senior mergers and acquisition investment banker.
Part 1 - Labor laws in France have changed, what’s new?
Key objectives of the executive orders signed by President Macron on September 22th, 2017.
• Overview : What’s new in labor laws in France
• Economic grounds for establishing redundancy plans are limited to the French territory & entities
• Redundancy plans are now possible through a collective contractual termination agreement, instead of the more constraining “Plan de Sauvegarde de l’Emploi”,
• There are no more obligations to offer reclassification or relocation abroad
• Rules on dismissal provide less risk and more certainties
• There are new types of collective agreements
• Collective agreements negotiated at company level may have primacy over agreements negotiated at a national level but also, under some circumstances, over provisions of the employment contract
• Agreement of 50% from statutory unions is required to validate a collective agreement,
• When there is no majority from statutory unions, it is possible to request a referendum, involving the whole workforce,
• It is now possible to negotiate a collective agreement in all companies regardless the absence of union or staff representative body.
• Staff representative bodies are merged into a Social and Economic Committee (SEC)
Part 2 - Why is this important to investors?
Prior to the new legislation, it was difficult to reorganize loss making French operations in an otherwise profitable group. Now, only the French entity’s economic context is accounted for, regardless of the worldwide situation of the group in its industry sector.
• Scope of economic ground to be defined
• Litigation possible when a merger or other operations appear as a maneuver to make the operations unprofitable.
• The possibility for companies to implement collective plans should reduce significantly the risk of litigation.
• The obligation to offer employees redeployment positions outside of France has disappeared
• Compensations for unfair dismissal are capped.
Part 3 - Why is this offering opportunities and lowering risks?
• in organizational design
• in industrial reorganizations
• in mergers and acquisitions
• Pierre André Imbert, Special Advisor to President Macron on Labor Affairs, Republic of France
• Christian Barthelemy, Director, Human Capital, Deloitte
• Guillaume Desmoulin, Avocat Associé/Partner, Fromont Briens/Littler Global, Paris
• Federico Mennella, Managing Director, Lincoln International, New York & Paris
• Philip Berkowitz, Partner, Littler Mendelson, P.C., New York
• Moderator TBA
This program will be held in Paris and New York simultaneously with a live-feed connecting both venues.
New York Program: 9:00 AM - 10:30 AM EST - Program with Q & A
Paris Program: 15:00 PM - 16:30 PM Paris Time
EACCNY Members: Free of charge
Non EACCNY Members: Free of charge
This Program is organised in cooperation with the Consulate General of the Republic of France in New York