Practice Areas
Labor Law
Supporting Employers and Employees in Labor Law
French labor law is a technical, evolving, and highly regulated field. A poorly prepared decision—whether involving termination, a mutual termination agreement, a modification to an employment contract, disciplinary action, or the secondment of an employee—can quickly lead to litigation before the labor court or significant financial risk.
BTK Suchet Avocats assists companies, executives, managers, and employees with all issues related to the employment relationship, both in an advisory capacity and in litigation.
Our approach is legal, strategic, and pragmatic: we help our clients anticipate risks, ensure their decisions are sound, and effectively defend their interests.
Expertise in French and Franco-German Labor Law
Thanks to our expertise in French labor law and our Franco-German legal background, we regularly handle cases involving German companies operating in France, seconded employees, international employment contracts, or cross-border restructurings.
This dual expertise enables us to assist employers and employees in situations where French, German, and European regulations intersect.
Our services in labor law
- drafting, analyzing, and amending employment contracts: permanent contracts, fixed-term contracts, non-compete clauses, fixed-day work arrangements, mobility provisions, and confidentiality agreements;
- Termination of employment contracts: dismissal for cause or for economic reasons, termination by mutual agreement, negotiated resignation, settlement;
- labor court litigation: contested dismissals, workplace harassment, discrimination, overtime, back pay, judicial termination;
- Assisting employers with disciplinary proceedings and reorganizations;
- individual or collective bargaining: company-wide agreements, mandatory annual negotiations, negotiated departures;
- secondment of employees between France and Germany;
- issues related to social security, employee benefits, and international mobility.
Labor Law Advisory Services and Litigation
Our firm takes proactive measures to prevent disputes, but also steps in when litigation has already begun.
We represent our clients before labor courts, appellate courts, and in settlement negotiations.
Each case is subject to a thorough analysis: legal risks, financial exposure, evidentiary strategy, and whether negotiation or litigation is the best course of action.
Frequently Asked Questions : Labor Law
In the event of dismissal without real and serious cause, the labor court judge may award the employee compensation calculated according to the scale set forth in Article L. 1235-3 of the Labor Code. This compensation depends, in particular, on the employee’s length of service and the company’s headcount.
However, certain situations fall outside this scale, particularly when the dismissal is deemed null and void—for example, in cases of harassment, discrimination, or a violation of a fundamental freedom.
Posting an employee from Germany to France requires compliance with several formalities. In particular, the employer must file a prior declaration of posting via the SIPSI portal, designate a representative in France, and comply with the core provisions of French labor law: minimum wage, working hours, rest periods, health and safety, housing, and equal employment opportunities.
The employee’s social security status must also be secured, specifically through Form A1 when the conditions are met.
The length of the notice period depends on the employee’s length of service, the employment contract, and the applicable collective bargaining agreement.
In the absence of more favorable provisions, the Labor Code provides, in particular, for one month’s notice for employees with six months to less than two years of service, and two months’ notice for those with two or more years of service. In cases of serious misconduct or gross negligence, notice is generally not required.
French and German labor laws differ significantly in areas such as termination, working hours, employee representation, collective bargaining agreements, and litigation procedures.
In France, the statutory workweek is 35 hours, though this does not constitute an absolute limit. In Germany, the typical full-time workweek is often 40 hours, while the legal maximum is generally assessed in light of the limit of an average of 48 hours per week.
Franco-German companies must therefore adapt their practices when recruiting, seconding, or restructuring teams in France.