Social Restructuring & International Mobility

• Advice on the choice of employment contract types (permanent contracts, fixed-term contracts, temporary contracts, etc.);
• Assistance in the negotiation and drafting of new employment contracts;
• Review and harmonization of existing labor contracts (in particular mobility, non-competition, training and confidentiality clauses, etc.);
• Drafting of wage portage contracts;
• Day-to-Day follow-up – Legal Opinion on the daily social issues of a company;
• Compensation, salary savings and employee shareholding;
• Status of managers.

• Elaboration of rules of procedure and validation by the administrative organs;
• Implementation and follow-up of the collective agreements;
• Legal assistance for the organization of professional elections and establishment of the staff representative bodies and management of electoral disputes;
• Social dialogue and mediation.

Review of social law issues affecting the employees of a target Company, in the light of local regulatory environment, including:

• Review of standard employment contracts (mainly, sensitive clauses: “golden parachute” clause, mobility clause, remuneration clause, non-competition clause, etc.);
• Structure and composition of the representative institutions of the company staff (group, company and institutions committees, staff representatives, central union representatives, health, safety and working conditions committees, …);
• Social status within the company and specially : remuneration, working time and leave terms, classifications, severance payments and notice periods;
• Social liabilities evaluation;
• Implementation of remediation procedures.

With its multiple partnerships at the international level, the Firm regularly intervenes, along with foreign Colleagues, as a Local Counsel, as part of transnational acquisition projects.

• Management of the social impact of legal (mergers and acquisitions, disposal of business segments), or operational structure modification of the company (outsourced activities);
• Evaluation of the financial and tax impact of social restructuring;
• Legal support of the staff restructuring operations , in a Project Mode (determining strategy, timetable implementation, supporting negotiations);
• Elaboration of the restructuring plan;
• Legal formalization of staff transfers – Elaboration of information documents and documents for the transfer of employment contracts.

• Advice on secondment or expatriation choice;
• Evaluation of legal, social and tax impact of the selected option;
• Preparation of visa applications for foreign employment contracts and follow-up of the administrative procedures;
• Tax optimization, regarding international mobility.

• Pre-litigation management of disciplinary proceedings and dismissal procedures for serious misconduct;
• Representation before the labor inspection services, regarding conciliation procedures;
• Representation before social Courts, regarding individual legal disputes;
• Social arbitration and arbitral awards enforcement.

The Firm works in collaboration with international partners and specially:

• IUS LABORIS international network, specialized in labor law issues;
• MAGELLAN Network, a professional hub of networking, exchange and information for International Human Resources Managers, International Mobility, compensation and social benefits (See website: www.magellan-network.com).

Our Firm has been approved, as a contributive expert, by MAGELLAN Network and thus, collaborated to the elaboration of “Maroc” Guide and its regular updating.

• The Firm also performs studies on regulatory strategic issues for The World Bank, the European Commission.
• It collaborated in the drafting of the New Labor Code and its implementing Decrees, in the social commission of the General Confederation of Moroccan Entreprises (CGEM).
• Other significant contributions: Participation in the collective work: « Hiring the best qualified and most talented employees: handbook and global recruiting, screening, testing and interviewing criteria » edited by KLUWER LAW INTERNATIONAL – February 2008.