Do I Have Any Rights?

[PeterC]

Hi, I wonder if anyone can help me with some information

I have a SIRET number and work freelance, but, for 20 months I have been working for company X. They pay me, on average,

approximately, 500 euros a month, and have done so, continuously for this period. It suits them, I think to have a Brit like me

working on such a casual basis as they do not face the obligations taking on a French worker would entail.

Thing is, what with the recession etc, I have come to rely on this money and, what seems like, a regular part-time job. If I lose

it for any reason I am sunk.

So, does anyone know if I have any rights under French Law.

Any replys would be gratefully received.

[NormanH]

Normally your rights  depend on your contract and the 'convention collective' that it comes into.

Have they given you several short-term contracts? Or just called you in as a freelance?

Again, what is your régime for tax purposes? Travailleur indépendent? Micro-Bic?

If you haven't got a contract I don't know...

[PeterC]

[quote user="NormanH"]Normally your rights  depend on your contract and the 'convention collective' that it comes into.

Have they given you several short-term contracts? Or just called you in as a freelance?

Again, what is your régime for tax purposes? Travailleur indépendent? Micro-Bic?

If you haven't got a contract I don't know...

[/quote]

Thanks for the reply.

No, I have no contract. I think in UK after this time I would have a de facto contract, but I don't know...

Like I said, I am a freelancer with a SIRET, Travailleur indépendent Micro-BNC, but the regularity of the work and the fact it is really a part-time job makes me think I should be covered

by some kine of contract.

[Panda]

I think in the UK 2 years seems to be considered a time after which you would be considered an employee if you met a whole load of other cirteria.

If you asked for a contract I would imagine the compnay would run a mile, they would have to almost double your pay as currently they are not paying any employeur contributions for you. Whether you could take them on to have your employment recognised as permenant at this stage would be doubtful in my opinion and would certainly end your relationship with a long battle afterwards as one would pressume they would have to pay all of the missed contributions to the state. As you said yourself it suits them that you are freelance...

[NormanH]

It's certainly the case that after a certain number of CDDs (short term contracts) a worker in many fields has the right to a CDI (permanent contract).

You have obviously gone down the official paths with the 'SIRET, Travailleur indépendent Micro-BNC'

But French employers are good at getting round these sort of regulations.

I worked for several years for a region as a language trainer, on repeated 3 month contracts and normally that sort of work would be subject to the rules about CDD/CDI , but the contract was under the 'convention' of people working in a holiday centre, which was the base for the courses.  So the region argued that I was employed under 'seasonal worker' conditions, so those rules didn't count.

I found this (from opposite point of view, that of associations who wish to avoid that a freelance become an employee:

En soi, le recours à de tels professionnels ne soulève pas de question

particulière. Il convient seulement de veiller à ce que leur

intervention se fasse bien dans le cadre d’une relation "

client/professionnel ", c’est-à-dire en dehors de tout lien de

subordination juridique, afin de ne pas risquer une éventuelle

requalification de la relation en " employeur/salarié " avec les

conséquences sociales induites (application du code du travail,

paiement de cotisations sociales par l’association...).

Etant précisé que, en cas de litiges (un travailleur indépendant qui

demanderait par exemple à être reconnu comme salarié), ce sera l’examen

des faits par le juge, et notamment des conditions dans lesquelles

s’effectuait le travail, qui déterminera le régime juridique applicable

à cette relation

This would seem to suggest to me that it is sometimes possible that a freelance develops right, but since by definition the status isn't covered  by the Code de Travail (leur intervention ne s’inscrit pas dans le cadre des règles fixées par le Code du travail.)  I am not sure where to look

[PeterC]

Thank you Panda and NormanH.

I think the quote ce sera l’examen

des faits par le juge probably reflects the 'precarity' of my situation vis a vis any de facto contractual relation being recognised.

But, if I lose the job it would probably be worth a punt.

Thanks again for your advice.