Subsection 3: Complaints

Articles in this section · 13

Article R4163-34

French Labour CodeIn force

Updated 4 Nov 2023

I.-If the employee does not agree with the number of points communicated to him by the management body at local level on the basis of the data declared by the employer, or if he has not received any information by the date mentioned in the same paragraph and this situation is the result of a dispute with his employer about the exposure itself, the employee must, before referring the matter to the body, lodge his complaint with the employer.

This complaint, to which a copy of the information referred to in the second paragraph of article D. 4163-31 is attached, if necessary, is sent to the employer by any means that can be used to certify the date of receipt.

II - Upon receipt of the claim, the employer will inform the employee that if no response is received within two months of receipt, the claim will be deemed to have been rejected. The employer also informs the employee that his claim may be brought before the management body at local level within two months of the expiry of the previous deadline.

The employer's express decision is notified to the employee by any means that can be used to certify the date of receipt. This notification includes the information provided for in the last sentence of the previous paragraph.

III -The employee has two months following the employer's express or implied decision to reject the claim to submit his claim to the local management body by any means that can be used to certify the date of receipt.

IV -The period checked under the first paragraph of II of article D. 4163-32 may not be the subject of a claim by the employee in application of this article.

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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