Lawyer in labor law in Antibes - Maître Fabien Manoury
Different reasons can lead to a dispute between employer and employee
. In such case, the best thing to do is to hire a professional to carry out such procedure, which may require going to court. Maître Fabien Manoury, a Lawyer at Grasse Bar, offers his services as a labor law attorney in Antibes, and can intervene anywhere in France. If you are an employer, he may particularly help you better manage the dismissal procedure
of one of your employees, or make you ready to face any disputes related to the employment contract. If you are an employee, the firm may represent you during the steps you take to assert your rights following unfair dismissal, harassment at work, or discrimination at work .
Fundamentals of the employment contract
An employment contract is an agreement committing a person to work for another person. This contract must be respected and executed in good faith by both parties. The employee undertakes to perform the work in accordance with the signed conditions if the employer undertakes to pay him/her in return. The contract can take several forms:
- Open-ended contract (CDI)
- Fixed-term contract (CDD)
- Temporary employment contract (CTT)
- Apprenticeship contract (training/work-experience contract)
- Pre-professional contract (training/work-experience contract)
- Single Inclusion Contract (CUI)
- Support Employment Contract (CAE)
- Employment Initiative Contract (CIE)
As a practicing lawyer in labor law, Maître Fabien Manoury can intervene to help an employer draft an employment contract, or to help an employee analyze and decipher it. He shall also assist any worker who is a victim of the impacts of his employer's failure to comply with the contract, or vice versa. These cases may involve a forced reduction in salary, or a change in working conditions that does not comply with the terms of the contract..
In the event of a serious problem with his employee, the employer may be required to initiate a termination of employment contract
, that is to say a dismissal procedure. The employee, for his part, can also terminate the contract by resigning for a specific and valid reason. Dismissal shall follow a certain procedure, beginning with the employee's invitation to a preliminary interview and ending with the actual dismissal of the employee. It shall also be based on real and serious grounds, in order not to be qualified as unfair dismissal. There are various forms of dismissal:
Dismissal on personal grounds
This type of dismissal is based on a valid and serious reason, which is related to the employee: for example a lack of efficiency at work, or other reasons that affect the operation of the company.
Dismissal for disciplinary reasons
Disciplinary dismissal intervenes when the employee has been guilty of grave professional misconduct within the company.
Dismissal for unfitness/Inadequacy
The employer may decide to dismiss an employee if the latter is declared unfit for his job by an occupational health officer.
When the company encounters financial difficulties, it may decide to lay off an employee, or even many of its employees.
Verbal dismissal occurs when the employer terminates the employment contract verbally. This is an illegal practice. The role of the labor lawyer in Antibes is to assist the employee in establishing proof of his dismissal.
Conventional termination is a special type of dismissal, which is based on a mutual agreement: it is decided by both parties.
Employment-related legal disputes
The industrial tribunal is the jurisdiction that intervenes in labor disputes between an employer and his employee. The latter may, for example, file a case in the event of dismissal for non-disciplinary reasons without prior interview, or following moral or sexual harassment at work. It is recommended to hire a qualified labor law attorney, such as Maître Fabien Manoury, who has the necessary skills to best manage your employment-related legal disputes. The law firm in Antibes shall help you prepare your case under the framework of an employment-related dispute procedure, and shall also serve as an intermediary with the opposing party.