Reclassification of a service contract as an open-ended employment contract
Purpose of the decision
The GOLDWIN law firm, represented by Jonathan BELLAICHE, defended the interests of an employee working as a service provider who wanted to change his employment relationship to a permanent contract.
It is often possible to confuse salaried employment with self-employment when a self-employed person works under conditions similar to those of an employee. This dangerous situation, annihilates all guarantees for the self-employed worker, who is however subjected to a real subordination link without any protection. (In this situation, the self-employed worker has the possibility to request before the Conseil de Prud’hommes the requalification of his contract of provision of services as a contract of employment, in order to be restored in his rights.
The Conseil de Prud’hommes settles individual labor disputes arising from the execution or termination of an employment contract. Consequently, it is necessary for this court to retain the existence of an employment contract before examining the plaintiff’s salary and compensation claims. In order to do so, the Conseil de Prud’hommes will analyze the nature of the relationship between the self-employed contractor and the company.
Thus, in a decision dated April 01, 2021, the Versailles Court of Appeal :
- Confirmed the judgment
- Condemned the company to pay Mr. M the sum of 2,000 euros on the basis of Article 700 of the Code of Civil Procedure
- Dismissed the company’s claim in this respect
- Ordered the company to pay the costs