Do’s & Don’ts | This month: Requalification Risks !
Published on :
03/04/2017
03
April
Apr
04
2017
It can be tempting to enter into consultancy agreements with independent contractors.
But beware ! The advantages- lower costs, greater flexibility, less redtape - come with a hidden risk. Despite whatever the written agreement says, a services agreement may be requalified by a judge as an employment contract, and the whole arrangement is subject to French labour law…retroactively. This can lead to a heavy dose of financial, administrative, and even criminal consequences !
To avoid this, here are some key do’s and don’ts to bear in mind :
- Do : Mention in the contract that they are entirely independent
- Don’t : control the consultant’s hours
- Do: Leave them freedom in how to present their work
- Don’t give the consultant business cards with your company’s name
- Do let them use their own material
- Don’t discipline the consultant for errors
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