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
History
-
Do’s & Don’ts | This month: Lump sum agreements
Published on : 07/07/2017 07 July Jul 07 2017NewsA popular alternative to the standard 35-hour workweek exists for certain con...
-
Thursday June 29th 2017 │Redundancy schemes, four years on from the "loi de sécurisation de l’emploi"
Published on : 23/06/2017 23 June Jun 06 2017NewsNews / Breakfast BriefingsA 2013 Act of Parliament known as the loi de sécurisation de l’emploi has mad...
-
1 minute to get it | What to expect from the Macron Presidency ?
Published on : 21/06/2017 21 June Jun 06 2017NewsUnderstand in one click the lastest news in employment law
-
What to expect from the Macron Presidency?
Published on : 09/05/2017 09 May May 05 2017NewsEmmanuel Macron has demonstrated a genuine desire to reform France. During hi...
-
Do’s & Don’ts | This month: Requalification Risks !
Published on : 03/04/2017 03 April Apr 04 2017NewsIt can be tempting to enter into consultancy agreements with independent cont...
-
New Legislation | In brief: France legislates for social progress and activism
Published on : 03/04/2017 03 April Apr 04 2017NewsThe law on Equality and Citizenship, published in the Journal Officiel on Jan...
-
New Legislation | In depth look: France implements obligations regarding Whistleblowers
Published on : 03/04/2017 03 April Apr 04 2017NewsTransparency, responsbility, accountability…such are the guiding words of the...
-
Recent case law | Can a CBA extend maternity leave protections?
Published on : 03/04/2017 03 April Apr 04 2017NewsAdditional maternity leave instituted by a national collective bargaining agr...
-
Looking forward | The 2017 French presidential elections
Published on : 03/04/2017 03 April Apr 04 2017NewsFrom Left to Right Benoit Hamon, Socialist Party (left wing) Benoit Hamon...
-
“Regulation of state and supplementary pension schemes in France: overview”, by Joël Grangé
Published on : 28/11/2016 28 November Nov 11 2016NewsThe Q&A gives a high level overview of the key practical issues including: st...