Object of the decision
The GOLDWIN firm, represented by Maître Jonathan BELLAICHE, lawyer in Paris , defended the interests of an employee carrying out his activity as a service provider who wished to reclassify his employment relationship as a permanent contract.
It is often possible to confuse employment with self-employment when a self-employed person works under conditions similar to those of an employee. This dangerous situation destroys all guarantees for the self-employed worker, who is nevertheless subject to a real relationship of subordination without any protection. (Lack of paid leave, unemployment benefits, overtime pay, etc.) In this situation, the self-employed worker has the possibility of requesting before the Industrial Tribunal the reclassification of his service provision contract into an employment contract, in order to have his rights restored.
The Industrial Tribunal decides individual employment disputes arising from the performance or termination of an employment contract. Therefore, it is necessary for this court to determine the existence of an employment contract before examining the claimant’s salary and compensation claims. To do this, the Industrial Tribunal will analyze the nature of the relationship between the self-employed person and the company.
Thus, in a judgment dated April 1, 2021, the Versailles Court of Appeal:
- Confirmed the judgment appealed
- 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
- The company dismissed its request on this ground.
- Ordered the company to pay costs
