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The new rider on teleworking in the Syntec agreement

Syntec adopted four new endorsements at the end of 2022, all of which have now come into force and been extended. One of them establishes a very precise framework for the organization of telecommuting. The aim of this rider is to ensure that the rights of teleworking employees are respected, while ensuring the continuity of the company’s business. This rider does not apply to companies with fewer than 50 employees, which already have a teleworking charter. On the other hand, these provisions will be fully applicable to them as soon as this charter is abolished or modified.

What teleworking situations are covered by the new amendment to the Syntec Agreement?

The new agreement covers all possible teleworking situations:

  • Hybrid work, which consists in regularly sharing a presence in the company
  • Teleworking in exceptional circumstances
  • Permanent teleworking
  • Telecommuting from abroad

How do you set up teleworking in companies covered by the Syntec Agreement?

Telecommuting can be introduced by negotiating a company-wide agreement, or by drawing up a charter that complies with the provisions of the collective bargaining agreement. It is also possible to institute telecommuting in these companies through individual agreements with employees. In the absence of a company agreement, if your organization has a CSE, it must be consulted on decisions concerning the conditions for implementing teleworking.

Please note: if telecommuting is introduced via a charter or collective agreement, this text must contain certain mandatory clauses:

  • Conditions for switching to teleworking and conditions for returning to a non-teleworking contract
  • How the employee accepts the conditions under which telecommuting is to be implemented, as well as how working time is to be monitored or the workload regulated.
  • Determining the time slots during which the employer may contact the employee
  • Access to teleworking for pregnant employees and disabled workers

Important: employees must be informed of the stipulations of the company agreement or charter. As the introduction of teleworking is voluntary for both the employer and the employees concerned, the latter must formalize their agreement by any means. It is preferable to ensure that this agreement is in writing. If telecommuting is introduced without a company agreement or charter, employees will need to be informed of the general framework surrounding the implementation of telecommuting.

This information will cover:

  • Syntec’s collective framework
  • Hybrid work practices, such as workload assessment, reporting and liaison with the company.
  • How telework can be combined with work on the company’s or customer’s premises, taking into account in particular the need to maintain social ties and the quality of collaboration with other employees.
  • Equipment, rules for use, costs, insurance, etc.
  • Rules for covering business expenses, as defined by the company
  • Means of communication between employees and employee representatives

What are the concrete terms of teleworking in the Syntec rider?

  • A mandatory adaptation period
  • Authorized teleworking locations
  • Eligibility to telework
  • Teleworking, a working method subject to double voluntary action
  • The frequency of teleworking
  • Cases of suspension and modification of telework
  • The reversibility of teleworking
  • Working hours for employees teleworking under the Syntec agreement
  • Work equipment and supplies
  • Commuting expenses
  • Business expenses and luncheon vouchers
  • Special procedures for supporting workers in specific situations (disability, pregnancy, accident, illness)
  • Safety measures to be implemented for teleworking employees
  • The right to disconnect for teleworking employees under the Syntec agreement
  • Monitoring the working time and workload of teleworking employees

DESRUMAUX AVOCATS is at your disposal should you require further information on this rider, or more generally should you wish to set up or reorganize teleworking within your company.

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Fonds de commerce or droit au bail: understanding the difference

In the complex and dynamic world of commerce, there are many legal terms and concepts that can seem interchangeable or confusing. Two of these often misunderstood notions are “fonds de commerce” and “droit au bail”. Understanding their essential differences is crucial to avoiding costly mistakes and legal disputes.

Leasehold rights are an element of goodwill

Goodwill encompasses all the essential elements of a business, from tangible assets such as equipment to intangible elements such as clientele and trade names.

The right to a lease is the right to occupy and enjoy commercial premises for a specified period, in accordance with the terms and conditions laid down in the commercial lease contract. It guarantees the stability and continuity of the business, as the tenant benefits from a certain protection against eviction, and can renew the lease under certain conditions laid down by current legislation.

Thus, a business includes the right to a lease, which is an intangible element. In the event of a sale of goodwill, the leasehold right is therefore usually one of the elements transferred.

Leasehold rights can be an independent element of goodwill

It is possible to transfer the leasehold rights without transferring the other elements of the business.

The transfer of leasehold rights alone can occur in a number of different situations. For example, a tenant may decide to assign his or her leasehold rights to another merchant, while retaining the other assets and intangible elements of his or her business. In this case, the transferee acquires the right to occupy and use the business premises, but not necessarily the other elements of the goodwill, such as the customer base, inventory, etc.

The transfer of leasehold rights, like the transfer of business assets, may be subject to restrictions or specific conditions set out in the initial lease agreement. Certain clauses may require the prior approval of the lessor, or require the assignee to meet certain conditions, such as financial capacity or experience in the relevant field of activity.

The risk of confusion

While in theory the distinction between leasehold rights and goodwill seems clear, in practice it’s not uncommon to be confused as to which is which. This is particularly the case when a business is sold without including many elements, and with a high-value right to lease.

Moreover, the parties may prefer one operation to the other.

For example, a purchaser of a business who wishes to take over the name, the lease and the clientele, without committing himself to current contracts, and to take over the employees, could request a transfer of leasehold rights instead of a transfer of business. Similarly, a seller in a hurry to avoid the cumbersome formalities of a business transfer may wish to disguise such a transfer as a business transfer.

Conversely, a seller who has a difficult relationship with the lessor may prefer a business transfer to which the lessor does not always have the right to object, rather than a transfer of leasehold rights which the lessor is more often than not entitled to refuse.

Bypassing the rules governing the transfer of these elements entails legal risks relating to employment law, commercial lease law, creditor reimbursement and taxation. Before committing to a transfer, it’s wise to be certain of its purpose. You may wish to consult a lawyer.

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Sale of a business: the differences between a promise, a compromise and a deed of renewal

When the time comes to sell a business, several legal steps are required to formalize the transaction. Among these steps, the promise, the compromise and the reiterative deed are distinguished by offering varying levels of commitment and legal certainty. In this article, we explore the essential differences between these three types of legal instrument, to better understand their implications for the parties.

The unilateral promise: the least binding deed

A unilateral promise, as its name suggests, commits only one of the parties. It may be a unilateral promise to sell, in which the promisor grants the beneficiary, who accepts but does not undertake to buy, the right to acquire the business.

The promise specifies the conditions under which the sale is to take place. The promise generally secures the availability of the business for a buyer, while certain aspects of the transaction are negotiated, and ensures the financing of the operation.

It may also, but much more rarely, be a promise to purchase in which the promisor promises to buy the business, but the beneficiary does not promise to sell.

The preliminary sales agreement, also known as a “promesse synallagmatique

This is a binding deed in which the seller sells his business to an assignee. It is carried out subject to conditions precedent, meaning that the sale will not actually take place until certain conditions have been met.

The suspensive conditions are generally as follows:

  • Assignee obtains credit,
  • Obtaining various permits for works, operations, etc.
  • Completion of certain formalities,
  • Expiration of pre-emption periods where they exist.

The compromis de vente enables both parties to make a commitment and secure the transaction, even though there are still several aspects to be settled. This avoids the need for the parties to spend time on detailed negotiations, when there is a risk that one of them may back out.

Reiterative deed: final deed of sale

The acte réitératif is simply the name given to the deed of sale which confirms the compromis de vente. If a compromis has been signed and the suspensive conditions have been fulfilled, the acte réitératif must be signed. If one of the parties to the compromis decides not to sign, it is generally possible to force them to do so through the courts, or to impose a severe financial penalty.

The choice of deeds depends on the situation. A lawyer will be able to advise you on the deeds that are best suited to your operation and provide you with the greatest security.

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The four-day week: a revolution in the world of work?

Did you know that a growing proportion of companies in France are already experimenting with a four-day working week?

Adopting this practice raises fascinating questions about work-life balance, productivity and employee well-being.

What is the four-day week?

The four-day work week is a new trend in labour law that could be implemented in two ways:

  • Reduce the total number of working hours per week, without lowering wages
  • Keep the 35-hour week, but increase daily working hours

Several large companies, such as KPMG in France, have already adopted a four-day week. Abroad, similar initiatives are being tested by 200 companies in Spain and several in the UK. In Iceland, after a successful trial period, the four-day week has been generalized.

The benefits of a four-day work week

The four-day work week can have several advantages for employees and employers. For example:

  • Increased productivity
  • Reduced absenteeism
  • Improving well-being at work
  • Attracting new talent
  • Reduced operating costs and carbon footprint

The challenges of a four-day work week

However, the four-day work week also presents certain challenges. For example, it could :

  • Creating problems in personnel management and work-life balance
  • Making implementation tricky and costly
  • More stress for employees who have to work more at the same time
  • Affecting sales and profitability
  • Problems of competitiveness
  • Additional hiring required
  • Reducing employees’ social ties with the company

What do you think of the four-day work week?

Adopting a four-day working week is a decision that depends on the specific situation of each company. If you have any questions on this subject, Cabinet DESRUMAUX AVOCATS can help you assess whether this option is right for your company, and how to implement it effectively.

We invite you to share your thoughts and experiences on this fascinating subject. Is the four-day work week the future of work? We look forward to hearing your views.

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Our partnership with Skema Business School: A symbiosis of legal practice and education

At Desrumaux Avocats, we believe that sharing knowledge is a fundamental pillar of our profession. Not only does it help us keep up to date with legal developments, it also gives us the opportunity to give back to our community.

That’s why we’re particularly proud to announce our new partnership with Skema Business School, an internationally respected institution.

As part of this partnership, our firm offers specialized courses on “Legal Aspects of Management” in the school’s Master’s program.

Taught in English, this course provides students with an in-depth understanding of how the law influences business management, a crucial skill in today’s business world.

But why is this important to you, our customers?

Firstly, this partnership testifies to our expertise and commitment to excellence. The opportunity to teach at such a prestigious institution as Skema Business School is recognition of our skills and experience in the legal field.

Secondly, it underlines our dedication to staying at the forefront of our field. By immersing ourselves in the academic world, we have the opportunity to familiarize ourselves with the latest legal research and trends. This translates directly into up-to-date, relevant legal advice for you.

Finally, by contributing to the training of the next generation of legal and management professionals, we strengthen our understanding of the challenges and opportunities they face. This enables us to better understand the changing legal landscape and adapt to your needs.

We are delighted with this new chapter in our history and look forward to seeing the fruits of this partnership. Our commitment to providing a quality legal service remains our top priority, and this partnership with Skema Business School is just another way of achieving that goal.

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The value-sharing bonus: The content of the draft bill

The Government has sent the draft law on the value-sharing bonus to the Conseil d’Etat.

This text essentially transposes the national interprofessional agreement adopted by the social partners on February 10.

The aim? To take various measures to develop the sharing of value within companies.

The following is a summary of the main points of this preliminary draft, which is due to be adopted by Parliament before the summer recess.

In particular, this text provides for :

– An obligation to share value in companies with 11 to 49 employees making regular profits from January 1, 2025 until 2028;

– The possibility of derogating from the legal profit-sharing formula, even in a less favorable way, in companies with fewer than 50 employees. This possibility is granted to these companies on an experimental basis.

– In companies with at least 50 employees, it will be compulsory to negotiate on the taking into account of an exceptional increase in their profits as defined by the employer;

– The creation of a company value-sharing plan, which would enable employees to share in the financial value of their company.

More specifically, with regard to the value-sharing bonus mechanism in the strict sense of the term, the draft bill stipulates that the preferential tax and social security regime applicable to companies with fewer than 50 employees will be extended until December 31, 2026.

As a reminder, this bonus is currently exempt from social security contributions, supplementary pension contributions, unemployment insurance contributions and health insurance contributions.

It is also exempt from income tax and CSG CRDS on two conditions:

– It is paid between July 1, 2022 and December 31, 2023;
– It is paid to employees who, over the last twelve months prior to its payment, received remuneration of less than three times the annual value of the SMIC.

As it is tax-exempt, this bonus will not be subject to withholding tax. However, it will have to be taken into account when determining reference tax income.

From January 1, 2024, the value-sharing bonus will no longer benefit from additional exemptions based on the employee’s remuneration.

It will remain exempt from social security and employer contributions up to a limit of €3,000 and €6,000 for companies implementing a voluntary profit-sharing or incentive scheme.

However, regardless of the employee’s remuneration, it will be subject to :

– CSG / CRDS;
– Income tax;
– Flat-rate social security contributions for companies with more than 250 employees.

Once the text has been adopted by Parliament, it will be time to analyze the new provisions that will be officially put in place.

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The modernized version of the Syntec agreement came into force on May 1: Major changes

New amendments to the SYNTEC agreement were extended at the beginning of May, and must therefore be applied in all companies applying this agreement.

These amendments implement a modernized version of this agreement at national level.

It is worth analyzing the main changes brought about by the implementation of these texts.

– An updated collective agreement

The text of the collective bargaining agreement has been revised in its entirety by the social partners, with the aim of simplifying it and making it easier to read.

The new collective agreement now comprises 69 articles divided into thirteen chapters.

The text has been reorganized to make it easier to understand.

The text has also been reworded to clarify its interpretation.

A glossary has been included to make it easier to understand the structure of the text.

– New notice periods for termination of the trial period at the employer’s initiative

New provisions coming into force in this new version of the SYNTEC agreement provide for new notice periods in the event of termination of the trial period by the employer, capped at 6 weeks when the employee has between 6 and 8 months’ seniority.

– Recalculation of retirement indemnities

The calculation of severance pay on retirement has been harmonized with that of severance pay.

From now on, the remuneration elements to be taken into account will be the same for calculating these two allowances.

– Changes to fixed-price agreements

The new version of the Agreement broadens the scope for using fixed-price agreements.

As a result, it is now permitted under the collective bargaining agreement to enter into lump-sum agreements with position 2.3 managers.
Previously, only position 3 managers could enter into this type of agreement.

Please note: employees on a fixed day rate must be paid 100% extra for days worked on Sundays and public holidays.

– Implementation of a telecommuting agreement

The social partners of the Syntec agreement have also adopted an amendment concerning telecommuting, which has been growing steadily in recent years.

The new agreement sets two objectives for employees who work in this way:

– Establish a framework for the latter and for companies that implement hybrid work ;

– To ensure the protection of these employees and the continuity of the company’s activity.
For example, this agreement provides for the fixing of teleworking locations, the need for volunteers to set up teleworking…

Important: employees working from home must also have a break of at least 45 minutes, including the statutory 20-minute break once the working time has reached 6 hours.

Part of this agreement is also devoted to the right to disconnect for all employees covered by the SYNTEC agreement.

– Adopting leave for spontaneous termination of pregnancy

Any employee affected by a spontaneous interruption of pregnancy will benefit from an exceptional two-day leave of absence. This absence will not be deducted from the employee’s vacation entitlement, and there will be no reduction in salary.
This leave applies equally to the employee experiencing the interruption and to his or her spouse, provided that these employees are covered by the Syntec agreement.

– Annual negotiation of minimum wage levels for supervisors, engineers and managers

Minimum wages will be reviewed annually, no later than June 30 of each year.

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3 tips for a successful business sale

You’re getting ready to sell your business. You’ve found a buyer and want to get the process moving as quickly as possible. Here are our top 3 tips for speeding up the process, without losing any security.

1. Prepare your parts

Before buying your business, the buyer will conduct a kind of audit of your business, looking at every aspect of your business. You will need to provide a whole range of documents, such as tax and accounting documents for the last few years, employee employment contracts, a list of current contracts, etc.
More often than not, the customer is missing documents. This may be the general terms and conditions of sale of a leasing contract that the customer has lost and that the leasing company has not returned despite repeated requests, a lost employment contract, a certificate from an accountant who is not very responsive.
Our advice is to start, as soon as possible, to take stock of the documents at your disposal, and to look for the missing documents.

2. Purge pre-emptive rights

One of the main reasons for slowing down the sale of a business is the purging of pre-emptive rights.
Pre-emptive rights are the right granted to someone to have priority in the purchase of your business when it is put up for sale. There may be several pre-emptive rights: for employees, for the municipality in certain cases, but also for a co-contractor, if you are a franchisee for example.

To purge a pre-emptive right, you must inform the person holding the pre-emptive right and wait a pre-determined period (usually two months) for them to come forward before you can sell.

However, to move more quickly, you can ask these people for certificates stating that they do not intend to acquire your business, leaving you free to proceed with the sale before the pre-emption period expires.
It is therefore particularly important to identify existing pre-emption rights early on in the process, in order to deal with this formality as a matter of priority.

3. Notify your Board as soon as possible

As a matter of economics, many company directors wait until they are as far along in the process as possible before notifying their lawyer.
However, in the event of a dispute, your lawyer will not have been able to review the letter of intent, or even the promise to sell.

If you try to make small savings, you could end up with big losses.
If you are planning to sell your business, we strongly recommend that you discuss the matter with your usual advisor as soon as possible.

What’s more, this will enable him to get organized and guarantee you maximum reactivity during the busy times of the transfer.

A well-prepared business sale can be completed quickly. Whether you have a simple project in mind, or the sale of your business is well advanced, you’ll save time by turning to a lawyer who specializes in this area.

Our firm, DESRUMAUX AVOCATS, is at your disposal to assist you in this particular operation.

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6 major advantages for adopting internal rules in your company

Whatever the size of your company, adopting a set of internal rules can transform your working environment and bring significant benefits. Here’s why you should take the plunge:

1. Reinforce Fairness and Transparency: Internal rules provide a clear structure for managing discipline, defining a system of sanctions that reflects your fair-minded approach. It prepares your employees to anticipate the consequences of their actions, propagating a respectful and collaborative working atmosphere.

Practical benefit: Employees are well informed of their rights and obligations, which prevents misunderstandings and facilitates problem-solving.

2. Be the Master of Operational Excellence: With internal regulations as your compass, clearly state your hygiene, health and safety standards. This promotes optimum adherence to protocols, minimizes incidents and boosts productivity.

Practical benefit: It reduces the risk of occupational accidents and illnesses, ensuring the protection of your employees and the peace of mind of your business.

3. Assert your corporate identity: The internal regulations are the mirror image of your company. In addition to highlighting specific details, they express your values, principles and expectations. It’s the ideal channel for conveying your company’s spirit and identity.

Practical benefit: It helps align employee behaviors with the company’s vision and objectives, thus facilitating the achievement of strategic goals.

4. Harmonize understanding : internal regulations ensure that company rules are clearly understood by all. They relieve employment contracts of repetitive standards, leaving room for job-specific clauses.

Practical benefit: It facilitates the integration of new employees and ensures better cooperation between teams thanks to a shared understanding of company rules.

5. Make internal regulations your CSR ally: Internal regulations are an invaluable support for your CSR actions. They can incorporate principles of eco-responsibility, respect for human rights and ethics, propelling your company towards a sustainable and respectful future.

Practical benefit: It enhances your reputation as a responsible company, attracting customers and talent who value ethics and sustainability.

6. Reinforce your corporate culture: internal regulations are the ideal tool for consolidating your corporate culture. Whether you want to encourage collaboration, innovation, diversity, integrity or other core values, they ensure that they are integrated and understood by all employees. This helps to attract and retain talent aligned with these same values, strengthening your team’s unity and performance.

Practical benefit: It helps improve employee engagement, foster a positive work environment and boost overall company performance.

Setting up internal regulations is simpler than it sounds. Once drawn up, all you have to do is send it to the labor inspectorate and the clerk’s office of the relevant industrial tribunal. Its flexibility allows you to modify it at any time, so that it always keeps pace with changes in your company.

Don’t wait any longer, take control of your company with well thought-out internal regulations!

Our firm, DESRUMAUX AVOCATS, is at your disposal to help you draw up and implement this essential document.