Atypical and/or new forms of work
Newforms of work have grown over the past fifty years as companies search for the right balance between flexibility and risk management.
The different types of temporary work contracts, including the “long-term temporary contracts”, “Professional Employment Organisations” (PEO) whose legal and collective bargaining framework have recently been defined, and the development of independent workers’ platforms notably illustrate this trend.
Having recourse to these new types of work requires a thorough knowledge of the various types of employment and independent statues available, expertise regarding each scheme’s characteristics and risk profile.
Comprehensive employment legal expertise (covering labour law, criminal law and social security law) is required in order to both advise and litigate these matters, as is regular and practical knowledge of the relevant supervisory authorities (in case of administrative sanctions in the context of secondment, for instance).
This dedicated practice advises companies, groups, temporary work agencies, professional employment organizations, interim management firms, independent worker platforms, employment bodies, and professional unions. It has developed a cutting-edge know-how of all labour and criminal law issues and provides appropriate risk management advice.
An answer to all your questions
What are the rights and duties of seconded workers and companies in the context of an international service contract? In which case can a court ordered “reclassification” of an independent contractor agreement into an employment contract? What risk management strategies are available? When can you have recourse to PEO and what types of employment contracts are available? What qualifies as a company’s “normal and permanent” activity? Is the “lending” of workers between two companies lawful? And under what conditions can the non-profit “lending of labour” take place? How can one use subcontracting in a legally secure manner? What are the possible criminal, administrative and civil implications in the event of a labour inspector’s intervention and can I preliminary audit help to manage such consequences more effectively?