At the crossroads of employment and global investigations: a strategic approach

Why our combined expertise is essential:

• A strategic and pragmatic vision: employment law shapes prevention efforts, while criminal litigation ensures the company’s response is legally sound when facing authorities.
• Credibility with authorities: our dual specialisation is a strong indication of our skills and competence when dealing with inspectors, prosecutors, and courts.
• End-to-end support: from managing human dynamics (CSE, employees) to institutional responses (official requests, criminal liability), we can offer you the most comprehensive protection.
  
  

Prevent and protect: key reflexes in case of a workplace accident

In light of the likelyhood of workplace accidents and occupational illnesses — particularly psychosocial risks, which now represent the majority of cases — our two partners, David Père and François Alambret, combine their expertise in employment law and white-collar crime law to guide you every step of the way.

From immediate response and mobilisation of the Health, Safety, and Working Conditions Committee (CHSCT) or the Social and Economic Committee (CSE), to the consolidation of evidence for labour inspectors and prosecutors (in the context of the increased prosecution of employers), they explain how to build a sustainable prevention strategy.

Prevent, secure, defend: a triptych that lies at the heart of your corporate social and legal responsibility.

Workplace accidents remain a constant concern for companies, both from a human and a legal standpoint. While their definition may appear simple — "a sudden event linked to professional activity causing physical harm" — the reality is far more complex. Each incident raises multiple issues: employee safety, employer criminal liability, company image, workplace climate, and media exposure.

As of July 10, 2025, a joint directive signed by the Ministries of Labour, Justice, and Health marks a major shift in criminal labour policy. This directive strengthens cooperation between labour inspectors and public prosecutors to more effectively combat serious and fatal workplace accidents (ATGM). It places greater responsibility on employers, with heightened requirements for preventative measures, and provides better support for victims.

Three key reflexes for companies:

• Secure as soon as possible: preserve evidence, alert the relevant authorities, inform the CSE.
• Strengthen preventative efforts: document training, internal procedures, and safety guidelines.
• Anticipate legal proceedings: define an appropriate communication and legal defence strategy.

Managing workplace accidents goes beyond employment law — it touches on overall corporate governance. A multidisciplinary legal approach combining employment law, criminal law, and compliance is essential to effectively manage these risks.

Internal investigations: a strengthened legal framework since June 2025

The French Court of Cassation ruling dated June 18, 2025, has significantly tightened the legal rules governing internal investigations within companies. The framework now requires strict adherence to the principles of adversarial proceedings, fairness in evidence collection, and protection of employees' rights. In practice, any investigation conducted without rigour may be deemed invalid, and the evidence collected could be excluded from any judicial or disciplinary process.

Three key actions for a successful internal investigation:

• Establish a clear and structured framework from the outset: set precise objectives, form a dedicated investigation team, ensure respect for the rights of defence, and maintain confidentiality. Without this framework, the investigation could backfire on the company.
• Meticulously document every step: record interviews, evidence gathered, and actions taken. A well-documented file is essential, whether for internal purposes, inspections, or legal proceedings.
• Combine prevention with protection: beyond sanctions, the investigation should address underlying issues, strengthen the company’s compliance culture, and demonstrate the robustness of its governance.

An internal investigation is a key tool for resolving abnormal situations and restoring a legally compliant organisation. However, this opportunity comes with risks that could expose the company to liability. To manage this delicate balance, it is crucial to work with a multidisciplinary team capable of ensuring a rigorous, impartial process that safeguards the interests of all parties involved.