Companies regularly face social regulations that are increasingly complex and sometimes even unintelligible. With issues such as globalization and opening up of markets, freedom to provide cross borders services, freedom of establishment, free movement of the workers, executives and managers do not downplay the complexity and the obligatory nature of this matter. Nevertheless, Employment and Social Security Law assists companies in every step of their way.
Recruitment, selection, promotion, wage negotiation and optimization, processing of personal data of workers, wage policy, flexibility of the working time, workers’ health and safety, control and supervision of workers and the development of new technologies, protection of private life, protection of the interests of companies against unfair competition or violation of brands and secrets, dismissal, reorganization, social plan, bridge pension, optimization in the framework of the termination of employment contracts etc… are problems with which companies and their human resources departments are faced with daily.
In a European and international context, Employment and Social Security Law reveals all its complexity and its dimension. This is particularly true when conciliating free movement of workers and freedom to provide cross-border services in operations such as outsourcing, in-sourcing, subcontracting, “portage” etc., are performed within the EU territory or between EU nationals and non-nationals. The international mobility of workers, executives and managers (EU nationals or non-nationals) also raises many problems which, according to our knowledge, seem to escape too many companies. The performance of administrative steps, drafting of ad hoc documents before starting the activities of workers, executives and managers, Social Security coverage, accounting the tax solutions with respect to social regulation, applicable legislation to employment relationships are just some of the many stages that companies must respect when they consider an expatriation or a cross-border at the disposal of staff member.
Finally, in these last years, many multinational companies seem to be willing to standardise some aspects of wage conditions at the group level (wage package, stock option, profit sharing plans, pension funds), working conditions (organization of work, working time, standard employment contracts, car, Internet, e-mail policies, clause of transfer of copyright, supervision and control of the workers), conduct guidelines(draft of ethics codes resulting from, but not only, the American law Sarbanes-Oxley, methods of selection and recruitment and promotion, etc.), and so on. How to conciliate this wish of standardisation working conditions within a multinational group, remuneration, etc., with the specificities of national regulations of each company seat is a real challenge.
In this context, the department of employment and social security law advises and assists you with these legal matters in constant evolution.
Our team of lawyers has in-depth knowledge of the matter and the various legal facets it entails :
