Employment contractsIn the upcoming years, the widespread adoption of digitalisation is expected to extend to employment contracts, similar to the digitisation of pay slips.
However, it is important to note that this transition does not diminish the necessity of legal expertise in defining, classifying, and drafting employment contracts.
Employment contracts are intricate legal documents that require careful consideration, and the dedicated team of expert lawyers at AGUERA AVOCATS provides personalised advice to ensure the implementation of appropriate and effective protective measures.
DefineThe first challenge is to define employment contracts: although
it is generally accepted that an employment contract exists when a person (the employee) undertakes to work, in return for remuneration, for and under the direction of another person (the employer), the boundary with other agreements is sometimes blurred. It is a source of litigation, with self-employed workers, self-employed managers and service providers regularly seeking to have their agreements reclassified as employment contracts because of the protection it provides.
AGUERA AVOCATS assists companies in defining the agreements they plan to conclude.
QualifyA second issue is the qualification of employment contracts.
This qualification operation is fundamental in that it makes it possible to determine the legal regime applicable to each contract. Indeed, while only the open-ended contract under ordinary law is not subject to the drawing up and signing of a written document, the law requires it for all other employment contracts. These include, in particular, fixed-term contracts, temporary employment contracts, part-time employment contracts, intermittent employment contracts, contracts concluded with home workers, professionalisation contracts and integration contracts.
AGUERA AVOCATS is able to qualify this relationship according to the nature of the contractual relationship that a client wishes to maintain with an employee and to propose the most appropriate employment contract.
DetermineDetermining the content of employment contracts is a third issue.
Employment contracts can thus contain a wide variety of clauses, both general and specific.
General clauses are found in almost all employment contracts. These include the trial period, job classification, pay, working hours and the applicable collective agreement. Their drafting requires particular care, unless one runs the risk of their application being a source of litigation. Employment contracts may also contain some more specific clauses, such as mobility, confidentiality, non-competition or exclusivity clauses, financial liability, training tort, employment guarantee and assignment clauses. Once again, the provisions of employment contracts necessitate thorough scrutiny, aiming to tailor them precisely to the desires of the involved parties.
AGUERA AVOCATS, through its expertise, makes it possible to anticipate and limit the risks of litigation by combining compliance with the regulations and case law with operational realities.