French Self-employment Law lawyer

The question of workers’ independence

New relationships at work

VTC drivers, Deliveroo delivery drivers, and Airbnb hosts… While they have grown at lightning speed, these new professions have quickly raised questions about the working relationship between independent workers and the digital platforms for which they work. The legal framework for these new independent workers is being developed as case law evolves.

Practice quickly raised the question of the independence of the delivery person or driver , since he offers his services only through a platform that sells said services. The working conditions in fact suggest that there is a relationship of subordination between the worker and the platform . A hypothesis reinforced by the fact that independent workers are unable to work without the platform, since it is the very platform that allows the connection with customers. However, it is this famous relationship of subordination that makes it possible to characterize the existence of an employment contract between an employee and his employer exercising his authority. However, the registration of the independent worker in the RCS raises a presumption of non-employment. So what is the reality?

A right for the self-employed built through practice

The self-employed person operates on their own account. They are therefore expected to be completely autonomous in their organization, the choice of clients, and the pricing of their services. However, in practice, we have observed that platforms sometimes use abusive practices  towards their service providers: monitoring, objectives to be achieved, possible sanctions, etc.

In 2018, the social chamber of the Court of Cassation characterized for the first time the existence of a relationship of subordination between the independent delivery person and the digital platform . It concluded that there was disguised employment. If you are self-employed and think you are in a similar situation, contact Goldwin Avocats. Your lawyer, expert in self-employment law, will assist you in managing your disputes with the platforms and help you have your employee status recognized. Goldwin Avocats has recognized and publicized expertise in managing these issues. It defends your interests before the civil and criminal courts, as well as the commercial court and the industrial tribunal.

The mission of your lawyer in self-employed law in Paris

Choosing a suitable legal status with your lawyer

Are you setting up as a self-employed worker? Contact your attorney specializing in self-employment law to choose the right legal status. Their cross-disciplinary approach to the law allows them to take into account your personal situation and financial challenges to optimize your business and results. Their comparative analysis of the various possible legal forms allows you to understand the advantages and disadvantages in light of your situation.

The self-employed have a wide choice of types of companies to carry out their activity . The status of self-employed attracts many self-employed people for its flexibility both in its creation and the facilitated administrative management of the company. But the self-employed can also opt for the form of the individual company (recommended for people who undertake alone) or for the creation of a company (EURL, SARL, SASU). The chosen status, legal, accounting and tax obligations (BIC, BNC, VAT) arise. Your lawyer can offer you a global management service for your status and your activity.

Protection of the interests of the self-employed worker

The self-employed person undertakes a wide variety of tasks within the framework of his activity, ranging from client development, to accounting, including the administration of his website or the legal framework of his practice. If there is one area where the support of an expert is essential , it is the legal field: contract law, self-employed law, corporate law, tax law, legal representation.

Goldwin Avocats provides legal support in managing your professional activity for:

• Drafting your service provision contracts concluded with your clients, so that they comply with current regulations;
• The establishment of contractual clauses essential to the legal security of the interests of the independent professional;
• Managing reports with the platform for connecting with your customers;
• Actions to take in the event of abusive termination of contract by your customers .

Take legal action with your self-employed lawyer

Defending your interests also involves representing yourself in court . Your lawyer thus aims to resolve conflicts between you and a platform or your clients. Their role is to put an end to the dispute and obtain compensation to repair any potential damages.

Goldwin Avocats also supports French taxis in defending their interests against new online players. The firm successfully secured a conviction against the Uber platform for unfair competition for its Uberpop offering. It obtained €850,000 in compensation for independent taxis .

To defend your interests, contact your lawyer who is an expert in self-employed law!