Chapter I: Principles.

Articles in this section · 15

Article L2141-5

French Labour CodeIn force

Updated 7 Nov 2023

Employers are prohibited from taking trade union membership or activity into consideration when making decisions on recruitment, the conduct and allocation of work, vocational training, promotion, remuneration and the granting of social benefits, disciplinary measures and the termination of employment contracts.

An agreement determines the measures to be implemented to reconcile personal life, professional life and trade union and elective functions, taking care to promote equal access for women and men. This agreement takes into account the experience acquired by the appointed or elected staff representatives in the course of their mandates and their professional development.

At the start of their term of office, titular staff representatives, trade union delegates or holders of a trade union mandate will, at their request, have an individual interview with their employer on the practical arrangements for exercising their mandate within the company with regard to their job. They may be accompanied by a company employee of their choice. This interview does not replace the professional interview mentioned in article L. 6315-1.

When the professional interview is carried out at the end of a term of office as a permanent staff representative or a trade union mandate, it provides an opportunity to take stock of the skills acquired during the term of office and to specify the procedures for developing the experience acquired. For companies with fewer than two thousand employees, this survey is reserved for the holder of the mandate who has delegation hours over the year representing at least 30% of the working hours set out in his or her employment contract or, failing that, the working hours applicable in the establishment.

Mariela Petrova

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Common Questions

Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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