Section 1: Common provisions.

Articles in this section · 9

Article L1235-1

French Labour CodeIn force

Updated 8 Nov 2023

In the event of a dispute, during the conciliation provided for in Article L. 1411-1, the employer and employee may agree, or the conciliation and guidance office may propose, to put an end to the dispute by means of an agreement. This agreement provides for the payment by the employer to the employee of a fixed indemnity, the amount of which is determined, without prejudice to statutory, contractual or conventional indemnities, by reference to a scale set by decree according to the employee's length of service.

The minutes recording the agreement constitute a waiver by the parties of all claims and indemnities relating to the termination of the employment contract provided for in this chapter.

In the absence of an agreement, the judge, whose responsibility it is to assess the regularity of the procedure followed and the real and serious nature of the reasons put forward by the employer, will form his opinion on the basis of the information provided by the parties after ordering, if necessary, any investigative measures that he deems useful.

It justifies the amount of compensation it awards in the judgement.

If there is any doubt, the employee benefits.

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

English · French · Russian

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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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