Lawyers for the self-employed – VTC, delivery drivers, etc.

The rise of digital technology and changes in workplace relations

With the development of digital technology and the so-called “Ubérisation” movement in society and the economy, new forms of employment and labour relations have emerged. This has led to an increase in conflicts between the new digital players and the self-employed workers offering their products and services.

Goldwin, with its recognised and well-publicised experience, assists self-employed workers in managing these issues. We are here to defend your interests and your rights before the civil, criminal, commercial and labour courts.

Whether you are aVTC driver, a Deliveroo or Uber delivery driver or an Airbnb host, our self-employed lawyers can help you manage your disputes with platforms.

In addition, the firm and its self-employed lawyers assist all workers in their efforts to hold the platforms that “employ” them accountable. These new self-employed workers carry out their activities solely via one or more contact platforms. It has to be said, however, that the legal framework within which these platforms operate is still being developed through case law.

Characterising the relationship between a worker and his employer

According to the website travail-emploi.gouv.fr, “an employment contract exists from the moment a person (the employee) undertakes to work, in return for remuneration, for and under the direction of another person (the employer). Most employment contracts must be in writing. Its execution entails a certain number of obligations for both the employee and the employer”.

The way in which digital platforms operate suggests that these conditions are valid. In fact, the status of subordination also suggests that there is a form of employment contract. This finding is reinforced by the fact that self-employed workers are unable to work without the platform. The platform also exercises a degree of control over their actions and the time taken to complete orders. Workers are usually penalised if they fail to meet their targets. This is why, through their work with the platforms, they are dependent on them and subordinate to them.

A subordinate relationship is characterised by the performance of work under the authority of an employer. The employer has the right to give orders to the employee. The employer can also check that the employee is carrying out his or her instructions and, if necessary, penalise any breaches. Platforms currently operate in this way. However, the registration of these workers in the RCS gives rise to a presumption that they are not salaried employees. They are not regarded as employees. You should therefore contact a lawyer specialising in self-employment law to help you and ensure that your status as an employee is recognised.

However, the French Labour Code does stipulate that platforms have a social responsibility towards these workers. The workers concerned have the right to strike and can also form trade unions. In addition, the platforms must pay the insurance contributions covering the risk of accidents to their workers.

Recently, the Social Division of the Cour de Cassation (French Supreme Court) recognised the self-employed worker as a disguised employee. In the event of a dispute, there are a number of options open to you.

Becoming self-employed or resolving a dispute with a platform: contact a lawyer specialising in self-employment law

Would you like to become self-employed and subscribe to the services of a service/customer relationship platform? Do you need help settling an ongoing dispute with the platform you work for?

Contact a lawyer specialising in self-employment and employment law. He or she will assist you in all your dealings and provide you with all the legal advice you need.