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Benistan Madeleine

Madeleine Bénistan

Associate

CMS Francis Lefebvre Avocats
2 rue Ancelle
92522 Neuilly-sur-Seine
Cedex
France
Languages French, English, German

Madeleine Bénistan joined CMS Francis Lefebvre Avocats in 2018.

Madeleine works on employment law in particular on individual work relations, including drafting employment contracts, managing workplace health issues, implementation of disciplinary sanctions and dismissal procedures, negotiation and preparation of settlement agreements.

She also works on collective relations including issues related to managing employee representative organisations, audits. 

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Relevant experience

  • RATP, Trainee (January–June 2018)
  • CMS Francis Lefebvre Avocats, Trainee (July–December 2017)
  • Fromont Briens, Trainee (January–June 2016)
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Education

  • CAPA (2018)
  • Master’s degree in Human Resources, University of Paris Dauphine  (2015)
  • Master’s degree in German and French Law, University of Cologne and University of Paris I Panthéon-Sorbonne (2014)
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04 June 2019
Re­cours à des trav­ail­leurs in­dépend­ants : at­ten­tion au risque de re­qual­i­fic­a­tion

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09/06/2020
State aid for short-time work: fo­cus on the latest ad­just­ments
Since the very be­gin­ning of the Cov­id-19 crisis, French Gov­ern­ment im­ple­men­ted a new short-time work sys­tem in or­der to foster em­ploy­ment re­ten­tion and avoid mass re­dund­ancy.The French short-time work...
14 December 2020
Brexit: pub­lic­a­tion of a Q&A re­lated to so­cial se­cur­ity is­sues
The French body for the col­lec­tion of so­cial se­cur­ity con­tri­bu­tions (so-called the Urssaf) pub­lished a Q&A on its web­site on Novem­ber 27th, 2020 in or­der to ex­plain how to handle dif­fer­ent situ­ations...
18/05/2020
Short-time work sys­tem may be­ne­fit to ex­pat­ri­ated em­ploy­ees re­pat­ri­ated...
Short-time work has been massively used by com­pan­ies that were no longer able to run their busi­ness as usu­al, due to Cov­id-19 pan­dem­ic and as­so­ci­ated lock­down meas­ures. Short-time work sys­tem en­ables...
03 December 2020
Brexit: ap­plic­able rules in France for Brit­ish cit­izens and their fam­ily...
Im­mig­ra­tions up­date: New year will wel­come the start of brand-new rules for Brit­ish cit­izens and their fam­ily. From 1 Janu­ary 2021, the situ­ation of Brit­ish na­tion­als must be dis­tin­guished, wheth­er they...
27/04/2020
End of lock­down: WHAT’S NEXT?
Start­ing from May 11, the French con­tain­ment should gradu­ally be lif­ted, which means that em­ploy­ees will come back on site. But busi­ness must re­sume safely...To this end, the em­ploy­er will have to think...
18 November 2020
Lack of re­in­state­ment en­titles an ex­pat­ri­ated em­ploy­ee to the pay­ment...
In a case dated Oc­to­ber 14, 2020 (n°19-12.275), the French Su­preme Court defines the ob­lig­a­tions of the par­ent com­pany in case of dis­missal of an em­ploy­ee by a for­eign sub­si­di­ary. In this case an em­ploy­ee...
24/04/2020
Cov­id-19 and the cent­ral risk as­sess­ment doc­u­ment
The French La­bour Code re­quires em­ploy­ers to en­sure the health and safety of their em­ploy­ees. Ini­tially con­ceived as an ob­lig­a­tion of res­ult, in re­cent years the safety ob­lig­a­tion in­cum­bent on the em­ploy­er...
22 September 2020
Second­ment of em­ploy­ees to France: be­ware of new rules ap­plic­able since...
The trans­pos­i­tion in France of the EU dir­ect­ive gov­ern­ing transna­tion­al second­ment of em­ploy­ees took ef­fect on Ju­ly 30th, 2020. New pro­vi­sions pur­sue 2 main goals : the re­in­force­ment of em­ploy­ees’...
09/04/2020
Dur­ing the COV­ID-19, re­la­tion­ships with staff rep­res­ent­at­ives can con­tin­ue...
Even if many com­pan­ies re­duced or even tem­por­ar­ily stopped their busi­ness due to COV­ID-19, so­cial dia­logue must con­tin­ue, ob­lig­a­tions to­wards staff rep­res­ent­at­ives re­main in force and staff rep­res­ent­at­ives...
10 June 2020
State aid for short-time work: fo­cus on the latest ad­just­ments
Since the very be­gin­ning of the Cov­id-19 crisis, French Gov­ern­ment im­ple­men­ted a new short-time work sys­tem in or­der to foster em­ploy­ment re­ten­tion and avoid mass re­dund­ancy. The French short-time work...
01/04/2020
Can the em­ploy­er put an end to tri­al peri­ods or fixed-term con­tracts due...
The an­swer is neg­at­ive.An em­ploy­er can­not ter­min­ate an em­ploy­ee’s tri­al peri­od or an em­ploy­ee’s fixed-term con­tract be­cause of the COV­ID-19. The tri­al peri­od can­not be ter­min­ated be­cause of COV­ID-19: ...
29 April 2020
End of lock­down: what's next?
Start­ing from May 11, the French con­tain­ment should gradu­ally be lif­ted, which means that em­ploy­ees will come back on site. But busi­ness must re­sume safely... To this end, the em­ploy­er will have to think...