Object of the decision
The GOLDWIN law firm, represented by Jonathan BELLAICHE, a lawyer in Paris, defended the interests of an employee working as a service provider who wished to have his employment relationship reclassified as a permanent contract.
It is often possible to confuse salaried employment with self-employment when a self-employed entrepreneur works under conditions similar to those of an employee. This dangerous situation removes all guarantees for the self-employed worker, who is nonetheless subject to a real relationship of subordination without any protection. (No paid leave, no unemployment benefit, no overtime pay, etc.) In this situation, the self-employed worker can apply to the Conseil de Prud’hommes to have their service provision contract reclassified as an employment contract, in order to have their rights restored.
The Conseil de Prud’hommes settles individual employment disputes arising from the performance or termination of an employment contract. Consequently, it is necessary for this court to establish the existence of an employment contract before examining the claimant’s salary and compensation claims. To do this, the Conseil de Prud’hommes will analyse the nature of the relationship between the self-employed contractor and the company.
Thus, in a ruling dated 01 April 2021, the Versailles Court of Appeal :
- Confirmed the judgment
- Ordered 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
