Social management of restructurings

Mergers and acquisitions, legal company transfers (conventional or voluntary), redundancies, job-saving schemes, conventional collective termination: from the “writer” lawyer to the “project manager” lawyer.”

EXPERTISE

The management of a staff restructuring project could be compared, in employment law, to the twelve labours of Hercules. Identification of a legal company transfer, negotiation of an adaptation or standardisation agreement, via the question of equal treatment; definition of economic reasoning within an international group, terms of reclassification and uncertainties related to the labour inspectorate analysis; dismissal of protected employees, implementing a procedure fraught with challenges, operational continuity of the business during and after the restructuring, management of restructurings (complex). The legal adviser is frequently involved too late, which may result in significant legal or operational difficulties.

FACTORHY has an in-depth knowledge of its clients’ businesses, operational imperatives, day-to-day organisation, culture and the international dimension, which makes them best placed to act as a ‘project manager lawyer’, capable of taking responsibility for all aspects of a project to anticipate the legal and practical difficulties that the company will face throughout the restructuring process. FACTORHY works alongside the company on a daily basis, helping to lead a smooth restructuring process within optional time frames, at the best price, without compromising trust within the company and without any unpleasant surprises from an operational, legal or technical point of view.

FACTORHY takes responsibility for all aspects of the project with the highest level of expertise, particularly legal and economic expertise, but also in terms of communication and contact with public administrations. This is made possible by taking credible and innovative technical and operational standpoints and the strategic decision-making required by the company.

CLIENT CASE STUDY

An example of terms for managing restructuring projects

Background:  a very bad experience with a previous job-saving scheme in the company from an operational perspective

Action : FACTORHY positioned itself as project manager and single point of contact alongside the HR Director. Involved in strategy definition, communication restructuring options, choice of strategic procedure, expense calculation and reclassification management, the firm went well beyond merely planning schedules and drafting legal documents. FACTORHY made precise calculations of project costs, drafted an economic note, planned for and managed employee reclassifications, and led all phases of the restructuring project.

Result : no operational failure, a secure project, strategic decision-making with full knowledge of the facts and using the best possible option whilst retaining control of costs.