Anne Sophie Delavaud

Lawyer Specialist in Labor Law in Marseille - Maître Anne Sophie Delavaud

Lawyer specializing in Labor Law

 , I am able to assist and advise you in your cases relating to this area.

Labor law, a branch of social law, governs all regulations around the employment contract and its execution, the termination of said contract as well as the management of disputes encountered in the employment relationship.

Offering my services to employees and employers, my law firm at the Marseille Bar intervenes at several levels:

• Advice and assistance for the employment contract (drafting, modification, insertion of clauses or endorsements)
• Handling disputes related to the employment contract: non-payment of overtime or back pay, unilateral modification of the contract, disciplinary procedure, etc.
• Assistance in the event of termination of the employment contract: dismissal, resignation, amicable termination
• Management of industrial tribunal disputes: dispute between employee and employer, dispute of dismissal, requalification of contract or salary or working conditions
• Assistance in case of harassment or discrimination…

The work contract

The employment contract is an agreement concluded between an employee and an employer through which the employee submits to the subordination of his employer in exchange for a salary or remuneration. It is mainly established with the aim of protecting the 

rights of employees

 and the 

rights of the employer

 , but also to avoid possible claims.

Drafting of the employment contract

In order to comply with the regulations on the subject and to obtain sound advice when drafting 

the employment contract

 , it is strongly recommended to call on your lawyer in Marseille. I take care of everything related to the drafting of specific clauses and their execution, but also the insertion of amendments in the contract in the event of modification of the latter. Since this field is quite technical and vast, my assistance will be essential to avoid errors and abusive clauses.

Execution of the employment contract

When an employee carefully executes his employment contract and his missions, his employer must pay him remuneration. Otherwise, this leads to a dispute over the employment contract. These may include non-payment of overtime or refusal to pay back pay such as premiums, bonuses or unpaid or incorrectly calculated salaries. In any case, contact me without delay to claim what is due to you. The unilateral modification of the employment contract can also lead to a dispute between the two parties. To assert your rights and defend your interests, do not hesitate to request my intervention. In the event of poor performance of the employment contract or fault committed by the employee during the performance of his duties,

Termination of the employment contract

The 

termination of the employment contract

 is a delicate process insofar as it must correspond perfectly to the regulations imposed by the Labor Code. To avoid disputes following the procedure, it is best to be assisted by your labor law specialist.

The dismissal procedure

Dismissal is a process undertaken by an employer when he wishes to end the collaboration with an employee 

. 

For it to respect the legal procedure, the employer must provide a real and serious reason for the dismissal, with supporting evidence, under penalty of being confronted with a dispute. The different motivations that can lead to dismissal are the personal reason (personal fault of the employee), the economic reason (budgetary restriction for example) and the disciplinary reason.

I assist and represent the employee or the employer in the context of a dismissal, as well as throughout the procedure which begins with the dismissal interview, information of the employee on the decision, negotiation of compensation departure date and information on possible aid measures for the employee.

Amicable termination of the employment contract

When both parties agree to end the employment contract, we speak of 

contractual termination

 . It should however be noted that the employer and the employee must both agree on the terms of departure for the procedure to be valid. Therefore, request my assistance for this process in order to ensure that the procedure is advantageous for each party.

Resignation, on the other hand, consists of severing the employment relationship at the initiative of the employee. Generally, it is rarely subject to litigation since the employee will have to submit a letter of resignation to his employer and perform a notice period before leaving the box definitively.

Industrial tribunal litigation

When employees and employers encounter a dispute relating to work, the performance or termination of the employment contract, the first step is to call on my intervention so that I can help you find an amicable solution to resolve the dispute. If necessary, the handling of the dispute will be handled by the 

Labor Court

 , which will decide on the matter.

Therefore, whether you are facing a dismissal dispute , a requalification of the employment contract, wages or working conditions, do not hesitate to contact me in order to obtain assistance of choice and sound advice. I am also involved in a harassment claim .morale at work or discrimination. Thanks to my solid experience, I will be able to represent your interests before the competent courts.

Personal injury lawyer in Marseille | Master Anne Sophie Delavaud

Have you been the victim of an accident or an offense resulting in bodily injury? Contact me now to represent you and initiate an action to obtain compensation for the harm suffered.

The law of bodily injury is the set of regulations intended to protect the rights of victims of accident or offence, but also of the procedure for repairing the damage.

My law firm at the Marseille Bar is able to intervene in several areas:

• Accident victim assistance: traffic, private life, medical accident, sport, leisure, school accident, etc.
• Assistance for the victim of an offence: assault, rape, sexual abuse, traffic offence, terrorist attack, etc.
• Evaluation and quantification of damages
• Assistance for the intervention of the legal expert
• Support for the compensation procedure
• Assistance for contractual compensation and compensation under common law

The victim of bodily injury

Any victim of bodily injury, whether or not caused by a third party, is compensable under the law. All victims of traffic 

accidents , medical accidents, private lives, but also victims of offenses

 related to terrorist attacks, criminal offenses 

and

 assault, rape or sexual abuse, as well as criminal traffic offences. Being a technical and complex field, the assistance of your lawyer in Marseille will be essential if you are considering an action to obtain compensation for the damage suffered. In addition to assisting you with the steps to be taken, I also represent you at each stage of the procedure.

The victim compensation process

I also guide you and defend your rights and interests during the 

victim's compensation

 procedure . If the accident involves a faulty third party, my role will be to have the culprit's civil liability recognized so that he or his insurance company pays for the repair of the damage caused. If the incident does not involve a responsible third party, the contractual compensation will be borne by the victim's insurer. I am then at your disposal to negotiate the 

liquidation of damages

 and the amount of compensation with the authorities in charge.

In victims' rights, the compensation procedure is different when it comes to a criminal offence. When the perpetrator of the offense is found guilty before the criminal chain, I carry out the procedure to become a civil party and negotiate reparation for the damages suffered for compensation under common law. If the author of the incident is unknown, insolvent or deceased, I take charge of the referral to the CIVI or Compensation Committee for Victims of Offenses to ensure compensation.

Divorce lawyer in Marseille | Me Anne Sophie Delavaud

I put my skills in 

family law

 at your disposal if you need advice or assistance for a couple separation. Intervening in this field, and especially in divorce and rupture of PACS, I offer you assistance of choice, whether for the treatment of a separation, the negotiation of the custody of the children or the division of the couple's patrimony.

The main skills of my law firm at the Marseille Bar in this area are:

• Assistance and advice for a divorce or separation of an unmarried couple (PACS, cohabitation)
• Support for sharing child custody and visitation rights
• Negotiating the amount of child support
• Assistance for the division of amicable or judicial assets
• The request for compensation…

The separation of the couple

The 

separation of the couple

 , whether married or not, is a rather painful step. This is why the accompaniment of a 

divorce lawyer

 will be essential to you. In addition to taking care of the administrative procedures, I also advise you on the strategy to adopt depending on the situation, contentious or not. In addition, I represent your interests for the negotiation of the terms of separation such as the right of visit and accommodation or the sharing of assets.

Divorce proceedings

The 

divorce procedure

 is a process through which the couple decides to end their life together. It can come from the initiative of the spouses or from a single spouse. Be that as it may, two forms of divorce are possible: the consensual or amicable procedure and the conflicting or judicial procedure.

My role will therefore be to assist you with the steps to be taken, but also to advise you on the form of separation adapted to your case:

• Divorce for fault
• Divorce by definitive alteration of the marital bond
• Divorce for severance of cohabitation
• Divorce by mutual consent (amicable divorce, since January 2017 divorce without judge)

The first effect of divorce is on the loss of use of the spouse's name and the disappearance of marital duties.

Breaking up of PACS and cohabitation

The separation of an unmarried couple through the 

break-up of PACS

 or cohabitation is a less conflictual process than divorce. However, it requires the assistance of a lawyer to ensure that the rights of each party are respected. A PACS generally dissolves after the death of a partner, the marriage of a partner, the joint or unilateral decision of the partners. In general, the dissolution of the union is carried out by a joint or unilateral declaration of one of the partners.

If only one partner decides to put an end to it, his declaration will be initiated by way of a bailiff, and a copy of the act must also be sent to the District Court. If the decision is joint, the declaration will be sent to the registry of the District Court where the signing of the PACS took place. The undivided liquidation or the division of the couple's patrimony is not contentious since each party retains its assets acquired before and during the union, unlike a marriage.
 

The consequences of divorce

The direct effects of the divorce will need to be agreed before the papers are signed. They concern, among other things, the fate of the children and their accommodation after the separation, as well as the sharing of the couple's financial assets and property. Whether for an amicable or contentious procedure, rely on the skills of your lawyer in Marseille to represent your interests.

Child custody

One of the first consequences of divorce is on the children of the couple. The determination of the exercise of parental authority will make it possible to define the right of accommodation and the right of visit of each parent. To protect your interests and obtain 

custody of the children

 , request my intervention as soon as possible. In addition to negotiating a satisfactory deal for you, I am also able to negotiate the amount of alimony 

intended

 to contribute to the maintenance of the children at the food, school and other levels.

Division of property

The second consequence of divorce concerns the couple's assets, that is to say the financial and movable assets acquired before and during their life together. In the absence of a marriage contract, the liquidation of the matrimonial regime will be done by negotiation. To take charge of the amicable or judicial 

property division

 procedure , trust my expertise in the field. In addition to guaranteeing you an effective intervention, I also take care of your file if you wish to request 

compensatory benefits

 , if the circumstances of the separation have been detrimental.