Subsection 2: Award conditions relating to the employee

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Article R5123-29

French Labour CodeIn force

Updated 2 Nov 2023

To benefit from partial payment of the early retirement allowance by the State, the employee must meet the following conditions:
1° The employee has personally signed up to the early retirement scheme;
2° His or her employment contract is suspended for the duration of the actual payment of the allowance;
3° He or she is at least fifty-seven years old;
4° He/she joined the scheme, at the earliest, at the age of fifty-five and, at the latest, before his/her sixty-fifth birthday;
5° He/she was continuously employed by the company for at least one year before joining the scheme;
6° He/she has :
a) either completed fifteen years of assembly-line work within the meaning of c) of article 70-3 of the decree of 29 December 1945 as amended by decree no. 76-404 of 10 May 1976 or work in successive shifts, or have habitually worked two hundred nights or more per year for fifteen years;
b) or, if he/she is a disabled worker within the meaning of article L. 5212-13 on the date of entry into force of the professional agreement referred to in Article R. 5123-22, has at least forty quarters valid for retirement within the meaning of Articles R. 351-3, R. 351-4, R. 351-12 and R. 351-15 of the Social Security Code, in one or more employee social security schemes;
7° He/she has not met the conditions required for validation of a full-rate pension within the meaning ofArticle R. 351-27 of the Social Security Code ;
8° He or she is not engaged in any other professional activity;
9° He or she is not in receipt of a lifetime old-age benefit acquired on a personal basis and liquidated after entry into the scheme, or compensation paid pursuant to articles L. 5421-2, R. 5123-12 or law no. 96-126 of 21 February 1996 creating a joint fund to promote employment.
An order by the Minister for Employment determines the procedures for verifying that the employee meets the above conditions.

Mariela Petrova

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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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