French Self-employment Law lawyer

The matter of workers’ independence

New labor relations

VTC Drivers, Deliveroo (food delivery drivers) or Airbnb hosts…Although 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 for which they work. The legal framework for these new self-employed workers is evolving in line with case law. As the delivery driver or the VTC driver  offers his services through a platform which frames aforesaid services, the question of his independence rises.The working conditions suggests that there is a relationship of subordination between the freelancer and the platform. An assumption reinforced by the fact that self-employed workers are unable to work without the said platform. Yet, it is the famous subordinate relationship that makes it possible to establish the existence of a contract of employment between an employee and an 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-employed law built on practice

Self-employed workers are, as evidenced by the name, self-employed. They are therefore supposed to be completely autonomous in their organisation, choice of clients and pricing of services. In practice, however, it has been observed that platforms often use abusive practices towards their service providers: monitoring, objectives to be reached, possible penalties, etc.In 2018, the social Chamber of the French Supreme Court (Cour de Cassation) has confirmped the existence of a relationship of subordination between the self-employed delivery driver and the digital platform. The Court concludes that there is a disguised relationship of salaried employment. If you are self-employed and in the same situation, call on the Goldwin lawyers firm. Your expert in self-employment law supports you in your litigation management with platforms and helps you to recognise  your status as an employee. Goldwin lawyers expertise is renowned and broadcasted in the management of those stakes. We defend your interests before civil and criminal jurisdictions, as well as the Commercial Court and the Labor Court.

The role 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 experts in self-employment law to choose the appropriate legal status. Their cross-disciplinary views of the law enables them to take account of your personal situation and the financial challenges you face, so as to optimise your business and your results. Their comparative analysis of the various possible legal forms helps you to understand the advantages and disadvantages of each in the light of your particular situation. The self-employed can choose from a wide range of business models for exercising his activity. Many self-employed individuals are attracted to the status of auto-entrepreneur because of the flexibility of setting up a business and the ease with which it can be managed administratively. But, the self-employed can also opt to set up a sole proprietorship (recommended for people who work alone) or a company (EURL: limited company owned by just one person, SARL: French limited company, SASU: Simplified Stock Company). From the chosen status results varying legal, countable and tax obligations (industrial benefits, non-commercial benefits and VAT). Your lawyer can offer you an overall management service of your status and activity.

Protecting the interests of self-employed workers

The self-employed adopts a wide variety of tasks in the course of his activity, ranging from customer development and accounting to administrating a website whilst comprehending the legal framework. If there is one area where expert support is crucial, it’s the legal domain: contract law, self-employment law, corporate law, tax law, legal action. That is why Goldwin lawyers will support you in your professional activity management:

• Writing of your service contracts with your customers, to ensure they comply with current regulations;
• Establishment of contractual clauses essential to the legal security of the self-employed interests
• Managing the relation with the 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 to resolve disputes between you and the platform or with your customers. His role is to put an end to the litigious situation and to obtain compensation to repair any prejudice. Goldwin lawyers 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 self-employed cabs. To defend your interests as a self-employed worker, contact your expert lawyer in self-employment law!