The end of periods of international mobility can be a delicate matter, for the company as well as for employees and their families. From a purely HR point of view, readjusting impatriate employees to a French work environment can be difficult and require special support from human resources departments. Your employees, who may have been living in a foreign country for years, may ask to remain in that country, sometimes to retire there, and may refuse their new assignment in another country or their reintegration into French entities.
The end of the assignment abroad, whether it comes at the end of the initial term or early, for example in the event of dismissal by the foreign subsidiary to which an employee was assigned, also raises many legal problems.
On the corporate side, the end of an assignment abroad raises the question of your obligations in terms of repatriation (deadline, bearing the repatriation costs) and reclassification, taking into account any contractual or contractual provisions (employment contract, collective agreements or collective bargaining agreement). You may not have jobs like those held by employees prior to their assignment abroad (whether the position was filled by another employee or the assignments attached to it were distributed differently). On the employee’s side, the question will arise as to whether seniority acquired abroad can be taken back, unemployment or retirement rights, the applicable social security system, etc. We assist you upstream to anticipate the return of your seconded or expatriated employees to France.
We put you in touch with experienced service providers to facilitate the logistical organization of the repatriation to France (moving, changing schools, accompanying the spouse, relocation etc.).
If it is impossible to reassign the employee, we assist you in the dismissal procedure: identification of the real and serious reason for the dismissal, preparation of the preliminary interview, drafting of the letter of dismissal, calculation of the compensation in lieu of notice and dismissal (what seniority to retain? what elements of compensation will be used as a basis for calculating the compensation? what about bonuses and benefits linked to the stay abroad?), evaluation of the employee’s unemployment rights, etc.
In conjunction with our tax partners, we anticipate the tax consequences of the employee’s return to France (tax residence, impatriate regime, etc.).
Finally, the firm assists you in pre-litigation negotiations for the departure of your employees (termination of employment, settlement) and represents you in the event of litigation before the french competent social jurisdictions (Labor Courts, so-called “Conseil de prud’hommes”, Court of Appeals) in the event of a challenge to the dismissal by the employee, or the judicial termination of the employment contract by the employee (so-called “prise d’acte” and “résiliation judiciaire”).