Our Lawyers

Marc Patin has been a lawyer at the Paris Bar since 2011. After two years within the law firm CAPSTAN, he joined the law firm LMBE where he practiced for more than six years.

Marc has developed a solid experience in labor disputes relating to the performance and termination of employment contracts, the requalification of a business contract into an employment contract or in election laws within companies. He intervenes in counsel, negotiation and litigation for French and international clients, especially regarding the drafting, implementation and termination of employment contracts, management of professional risks, management of relations with employees’ representatives, enforcement of social security legislation.

Marc regularly publishes columns in legal gazettes specialized in labor law, such as "La Jurisprudence sociale Lamy" and "Les Cahiers Lamy du CE".

Finally, he has been in charge of giving law lectures at the University of Paris 2 Panthéon-Assas for almost ten years, where he intervenes every week in business law and labor law.

Areas of practice

• Labor law - individual relations
• Labor law - collective relations
• Social security law
• Negotiations - litigation

Education

• PhD in labor law relating to "business transfers in community law and comparative law"
• Masters 2 research in labor law, University of Paris 2 Panthéon-Assas
• Masters 1 in labor law, University of Paris 2 Panthéon-Assas

Publications

• "Dismissal for gross negligence does not exclude vexatious circumstances" published in La jurisprudence sociale Lamy, 2016, n°415, p.10 to 11, September 2016.
• "Calculation of the subsidy for the functioning of the works council and the contribution to social and cultural activities" published in Les Cahiers Lamy du CE, 2016, n°161, p.27 to 29, July 2016.
• "The cancellation of the elections does not automatically cancel the trade union designations of the staff representatives" published in Les Cahiers Lamy du CE, 2016, n°160, p.27 to 29, June 2016.
• "Reclassification of the unfit employee for professional reasons: the irregularity of the procedure can be rectified before it is completed" published in Les Cahiers Lamy du CE, n°159, P. 27 to 29, May 2016.
• "The proposed reclassification of an employee whose incapacity is of non-professional origin may be notified only verbally" published in Jurisprudence sociale Lamy, 2016, n°409, p.15 to 16, Mai 2016.
• "The Health, Safety and Working Conditions Committee expert fees remain at the expense of the employer" published in Les Cahiers Lamy du CE, 2016, n°158, p. 25 to 27, April 2016.
• "Cancellation of an administrative authorization of dismissal: nullity is no longer the only possible sanction" published in Les Cahiers Lamy du CE, 2016, n°157, p.29 to 31), March 2016.
• "The employer is required to communicate the single personnel register and the annual declarations of social data to the union who requests them in the context of the negotiation of a pre-election agreement" published in Les Cahiers Lamy du CE, 2017, n°156, p.27 to 29, February 2016.
• "A personnel representative’s acknowledgment of termination that is carried out three days before the administrative authorization of his dismissal is valid" published in Les Cahiers Lamy du CE, 2016, n°155, p.27 to 29, January 2016.
• "Protected employees: development of an extra-legal protection after their mandate" published in Les Cahiers Lamy du CE, 2015, n°153, p. 24 à 26, November 2015.
• "Rebsamen law: the complexification law of labor law" published in Les Cahiers Lamy du CE, 2015, n°152, p. 2-5, October 2015.
• "Contractual procedure prior to dismissal: referral to a disciplinary court is not enough" published in Les Cahiers Lamy du CE, 2015, n°152, p. 29-30, October 2015.
• "The competent Direccte (regional leadership for businesses, competition, consumption, labor and employment) to approve a PSE (employment saving plan) would depend on the autonomy of the business concerned" published in Jurisprudence sociale Lamy, 2015, n°394, p. 25-27, September 2015
• "The labor law aspects of the Macron law: modifications but no evolution" published in Les Cahiers Lamy du CE, 2015, n°151, p. 2-5, September 2015.
• "A protest union that does not notify its opposition to an agreement may annihilate the right of opposition exercised by other unions" published in Les Cahiers Lamy du CE, 2015, n°150, p. 20-22, July 2015.
• "Compensation for violation of the protective status of the personnel representative remains limited to two years of salary" published in Les Cahiers Lamy du CE, 2015, n°149, p. 18-20, June 2015.
• "Cancellation of professional elections has no impact on the appointment of the Health, Safety and Working Conditions Committee members" published in Jurisprudence sociale Lamy, 2015, n°389, p.13-15, June 2015.
• "The modification of the rules of procedure concerning the dressing time of the employees is subject to the consultation of the Health, Safety and Working Conditions Committee" published in Les Cahiers Lamy du CE, 2015, n°147, p.27-29, April 2015.
• "Polling time may be recorded on a bailiff's minutes" published in Les Cahiers Lamy du CE, 2015, n°146, p.22-23, March 2015.
• "The pecuniary consideration of a non-competition clause is due notwithstanding the judicial liquidation of the employer" published in Jurisprudence sociale Lamy, 2015, n°384, p.21-22, March 2015.
• "The single personnel delegation does not allow the works council to exercise the prerogatives of the personnel representatives" published in Les Cahiers Lamy du CE, 2015, n°145, p.21-22, February 2015.
• "Facts which occurred during the probationary period may be valid grounds for a disciplinary dismissal occurring after the termination of such probationary period" published in Jurisprudence sociale Lamy, 2015, n°381, p.21-22, January 2015.
• "The rules of procedure of the Health, Safety and Working Conditions Committee can not modify the legal rules relating to its legal regime" published in Jurisprudence sociale Lamy, 2014, n°377-378, p. 31-33, December 2014.
• "Equal pay for women and men is assessed between employees doing work of equal value" published in Jurisprudence sociale Lamy, 2014, n°377-378, p. 26-28, December 2014.
• "The execution of the notice has no effect on the validity of an acknowledgment of termination of an employment agreement" published in Jurisprudence sociale Lamy, 2014, n°376, p.21-22, November 2014.
• "Converging views on the judgment rendered by the French Supreme Court on September 30, 2014" published in Jurisprudence sociale Lamy, 2014, n°375, p.8-9, November 2014.
• "Opening an employee's mail and not responding to his requests for supplies may constitute moral harassment" published in Jurisprudence sociale Lamy, 2014, n°375, p.14-16, November 2014.
• "The joint liability of the parent company and its subsidiary outside a situation of fraud or co-employment" published in Jurisprudence sociale Lamy, 2014, n°374, p. 11-13, October 2014.
• "Lump-sum contract: a change of employer can make it unlawful" published in Jurisprudence sociale Lamy, 2014, n°371, p. 23-24, September 2014.
• "Implementation of a new classification system: the Health, Safety and Working Conditions Committee must be consulted" published in Jurisprudence sociale Lamy, n°370, p. 19-21, July 2014
• "Employer’s decisions with financial repercussions" published in Semaine juridique, social, 2014, n°26, 1276, July 2014.
• "Letter of dismissal: it can not be defamatory if it is exclusively addressed to the employee" published in Jurisprudence sociale Lamy, 2014, n°367, p. 17-19, June 2014.
• "Legal provisions limiting night work comply with the constitution" published in Jurisprudence sociale Lamy, 2014, n°365, p. 20-22, May 2014.
• "The franchise network: scope of reclassification" published in Jurisprudence sociale Lamy, 2014, n°362, p. 28-30, March 2014.
• "Continental: a lesson in social law for groups" published in Les Cahiers du DRH, 2014, n°205-206, p. 21-26, February 2014.
• "The fault committed without intentional ill is not a fault" published in Jurisprudence sociale Lamy, 2014, n°359, p. 21-23, February 2014.
• "Jurisdictional competence in the event of a dispute over the employment saving plan and the dismissal procedure: the enthronement of the administrative judge" published in Jurisprudence sociale Lamy, 2014, n°358, p. 10-12, January 2014.
• "Letter of dismissal: the social chamber extends the limits of the dispute" published in Jurisprudence sociale Lamy, 2013, n°355-356, p. 7-10, December 2013.
• "Adjustment of provisional execution of a judgment issued by industrial tribunals" published in Semaine juridique, social, 2013, n°50, 1473, December 2013.
• "The cumulation of wages and unemployment benefits of fixed-term contracts" published in Jurisprudence sociale Lamy, 2013, n°352, p. 13-15, October 2013.
• "The general principle of Health, Safety and Working Conditions Committee competition at the works council" published in Semaine juridique, social, 2013, n°24, 1246, June 2013.
• "Conditions of validity of the termination agreement" published in Semaine juridique, social, 2013, n°15, 1164, April 2013.
• "Termination in the trial period which is in violation of the notice period: no dismissal without real and serious cause" published in Jurisprudence sociale Lamy, 2013, n°339, p.9-10, January 2013.
• "Investigatory measures ordered by the conciliation board of the Industrial Tribunal" published in Semaine juridique, social, 2012, n °49, 1518, December 2012.
• "Neutrality obligation during the election campaign within the company" published in Semaine juridique, social, 2012, n°42, 1428, October 2012
• "The evolution of control of conventional terminations" published in Semaine juridique, social, 2012, n°1, 1002, January 2012.
• "The conventional arrangement for the taking back of employees according to Article L.1224-1 of the Labor Code" published in Semaine juridique, social, 2011, n°25, 1292, June 2011.
• "The conventional rupture of suspended employment contracts" published in Semaine juridique, social, 2011, n°4, 1022, January 2011.
• "Information and consultation of the works council and of the Health, Safety and Working Conditions Committee in case of economic redundancies" published in Semaine juridique, social, 2010, n°42, 1425, Semaine juridique Entreprise, 2010, n°44-45, 1971, November 2010.
• "Information and consultation relating to work health in case of transfer of business" published in Semaine juridique, social, 2010, n°27, 1285, July 2010.

Book

• "Business transfers in Community law and Comparative law" (pref. B. Teyssié, éd. PUAM), June 2010