Your self-employed lawyer

In the space of just a few years, self-employment has experienced unprecedented growth with the transition to the digital age. The uberization of society has revolutionized the way we consume. New players have emerged in the service sector. And with them, a host of questions about entrepreneurial status and specific conflicts.

Would you like to become self-employed using a platform to put you in touch with your customers? Do you need help resolving a dispute with a platform as a freelancer? The notion of “working for” is at the heart of the legal issues facing freelancers using these platforms. Are these workers really self-employed? How can your lawyer help you protect your interests? These are just some of the questions Goldwin Avocats’ professionals can answer expertly.

The question of worker independence

New relationships at work

VTC drivers, Deliveroo delivery drivers or Airbnb hosts… While they have developed at the speed of light, these new professions have quickly raised questions about the employment relationship between self-employed workers and the digital platforms they work for. The legal framework for these new freelancers is being built up as case law develops.

In practice, the question of the independence of the delivery driver or chauffeur has quickly arisen, when he offers his services solely via a platform that sells these services. Indeed, the working conditions suggest that there is a relationship of subordination between the worker and the platform. This assumption is reinforced by the fact that self-employed workers are unable to work without the platform, since it is the platform itself that puts them in contact with customers. It is this famous relationship of subordination that characterizes the existence of an employment contract between an employee and his employer exercising his authority. However, registration as a self-employed worker on the RCS (Trade and Companies Register) gives rise to a presumption of non-salaried status. So what is the real situation?

Self-employment law built on practice

Self-employed workers are self-employed. They are therefore supposed to be completely autonomous in their organization, choice of customers and pricing of services. In practice, however, it has been observed that platforms sometimes use abusive practices towards their service providers: control, targets to be met, possible sanctions…

In 2018, the social chamber of the French Supreme Court (Cour de cassation) for the first time characterized the existence of a subordinate relationship between the self-employed delivery driver and the digital platform. It concludes that there is a disguised wage-earning relationship. If you’re self-employed and think you’re in a similar situation, call on Goldwin Avocats. Your expert in freelance law will help you manage your disputes with platforms and obtain recognition of your status as an employee. Goldwin Avocats’ expertise in handling these issues is widely recognized. We defend your interests before civil and criminal courts, as well as the commercial and industrial tribunals.

The mission of your self-employed lawyer in Paris

Choosing the right legal status with your lawyer

Are you setting up as a self-employed worker? Contact your self-employed lawyer to help you choose the right legal status. His transversal vision of the law enables him to take into account your personal situation and financial stakes, so as to optimize your business and your results. His comparative analysis of the different possible legal forms enables him to understand the advantages and disadvantages of each in relation to your situation.

The self-employed can choose from a wide range of business models. The auto-entrepreneur status appeals to many freelancers for its flexibility, both in terms of setting up the business and the ease of administrative management. But the self-employed can also opt for a sole proprietorship (recommended for people who work alone) or for the creation of a company (EURL, SARL, SASU). Legal, accounting and tax obligations (BIC, BNC, VAT) all depend on the status you choose. Your lawyer can offer you a comprehensive management service for your status and your business.

Protecting the interests of the self-employed

A self-employed worker’s business encompasses a wide range of tasks, from customer development and accounting to website administration and the legal framework within which he or she operates. If there’s one area where expert support is essential, it’s in the legal field: contract law, self-employment law, corporate law, tax law and legal representation.

Goldwin Avocats can provide you with legal support in the management of your business activities, including :

• Drafting your service contracts with your customers, to ensure they comply with current regulations;
• Establishment of contractual clauses essential to the legal security of the independent professional’s interests;
• Managing relations with your customer contact platform;
• Taking action in the event of improper breach of contract by your customers.

Taking legal action with your self-employed lawyer

Defending your interests also means representing you in court. Your lawyer can help you resolve disputes between you and a platform or your customers. His role is to put an end to the litigious situation and to obtain compensation to repair any prejudice.

Goldwin Avocats also assists French cabs in defending their interests against new web players. For example, the firm succeeded in convicting the Uber platform of unfair competition for its Uberpop service. It obtained compensation of €850,000 for independent cabs.

To defend your interests as a self-employed worker, contact your expert lawyer in self-employment law!