July 31, 2021

the obligation of the status of self-employed very criticized

Faced with the dazzling development of employment platforms, which bring together companies offering assignments and workers looking for them, what is striking is the extension of the field of work under self-employed status. There are missions of diver in the restaurant, waiter, carer in a retirement home, handler or cashier in a supermarket, etc. So many trades exercised until now under the wage system.

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However, this transformation meets resistance. Christopher (first name changed), ex-glacier recruited as a self-employed person (AE), was Tuesday 1is June, before the industrial tribunal of Paris, which he asks to reclassify his mission as an employment contract. From 2017 to 2019, via the StaffMe platform, Christophe worked at the Ice Roll-Our Food glacier, in Paris. “He was totally independent in the way he worked”, assures Aurélie Smadja, lawyer of Our Food. The young man indicates that he had to wear work clothes provided by Ice Roll, use the company’s equipment, follow a schedule and instructions. Prism’emploi, the employers’ union of temporary employment agencies, is volunteering at its side to “Defend the interests of the profession that[il] represented “, indicates the organization. This reminds us that the provision of personnel, when it “Intervenes outside the framework of temporary work, falls under the loan of illicit labor”.

Unfair competition

Some temporary employment companies have tried to have different platforms convicted by commercial courts for unfair competition or fraud of the law. But so far “No court has considered that the use by these platforms of autoentrepreneurs was wrong”, underlines StaffMe’s lawyer, Emmanuelle Barbara. On the criminal front, the complaint lodged by a temporary employment agency against a platform for concealed work and illicit loan of labor was dismissed on February 2, 2021 by the investigating chamber of the court. call from Paris. According to Me Barbara, these platforms were not created “To circumvent labor law but to allow students to take advantage of what technology offers to earn an income.” No one loses ”.

“I worked seven to nine hours a day, seven days a week, including public holidays (…) Overnight, I was fired” Léo, self-employed person in a legal department

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