Published on : 04/10/2022 04 October Oct 10 2022
Using an independent contractor requires great care to avoid the reclassification of the relationship into an employment contract, as well as criminal liability.
DO: check that the contractor is duly registered as independent contractor and properly pays its social security contributions (legal duty to obtain the corresponding evidence when the contract is entered into and every 6 months);
DO: enter into written service contracts for a fixed term or for the performance of a specific task;
DO: pay a flat fee for an assignment or a product;
DO: establish a single contact person within the Company to act as a point of contact for the contractor, who will be made aware of the need to be vigilant with regard to the transmission of instructions (which must not be assimilated to instructions that an employer would give to his employee);
DO: Allow the contractor to organize his time and work schedule freely (even if deadlines can be set);
DO: allow the contractor to work for other companies;
DO: as far as possible, ensure that the contractor is not in a situation of economic dependence on the Company;
DO: provide a scope of work at the beginning of the assignment (without being so prescriptive as to prevent the Contractor from showing initiative and expertise);
DO: whenever possible, arrange for the contractor to work with its own equipment.
DO NOT: include the contractor in internal organization charts or documents;
DO NOT: provide with business cards in the Company's name;
DO NOT: provide with a badge (except for specific "external" badges);
- provide with an email address (when necessary, include the words "external" or "External Service Provider" in the email address);
- allow the contractor to use an electronic signature that is identical or virtually identical to that of the Company's employees (when necessary, include the words "external" or "External Provider" in the signature);
- compel the contractor to comply with time limits (except when required, such as when organizing a meeting);
- ask the contractor to justify his absences;
- validate the Provider's vacations;
- provide him with all the means necessary for the accomplishment of its mission (except safety equipment);
- pay the contractor according to the time worked;
- give very specific orders or instructions to the contractor in the performance of its mission;
- sanctioning the contractor;
- give him the benefits reserved for employees (e.g. preferential rate at the canteen);
- inserting an exclusivity clause in service contracts (except for a very temporary period, for the duration of a specific assignment and with specific justification).
Published on : 10/01/2023 10 January Jan 01 2023Newsletter / Do’s and Dont’sDO - Expressly provide for the trial period in the employment contract: in...
Published on : 04/10/2022 04 October Oct 10 2022Newsletter / Do’s and Dont’sUsing an independent contractor requires great care to avoid the reclassifica...
Published on : 04/07/2022 04 July Jul 07 2022Newsletter / Do’s and Dont’sBefore introducing a non-compete clause DO: keep in mind that non-compete...
Recruitment in France
Published on : 01/04/2022 01 April Apr 04 2022Newsletter / Do’s and Dont’sJob description DO: - Focus on concrete tasks and consider which role r...
Published on : 31/12/2021 31 December Dec 12 2021Newsletter / Do’s and Dont’sFrench companies rarely have a detailed disciplinary procedure. This is becau...
Navigating pandemic rules in the autumn
Published on : 30/09/2021 30 September Sep 09 2021Newsletter / Do’s and Dont’sFall marks the “rentrée” in France: back to school and for many, back to the...
This month: Implementing Telework after the pandemic
Published on : 01/07/2021 01 July Jul 07 2021Newsletter / Do’s and Dont’sThe summer of 2021 brings promise and hope of a return to safety and normalcy...
This month: Handling the mental health effects of COVID and Telework
Published on : 02/04/2021 02 April Apr 04 2021NewsNewsletter / Do’s and Dont’sFrance is now in its third Covid 19 wave. President Macron announced on 31 Ma...
This month: Handling the case of a sick employee
Published on : 19/01/2021 19 January Jan 01 2021NewsNewsletter / Do’s and Dont’sThe Covid-19 pandemic continues to rage on, causing dire human, social, and e...
This month: Economic dismissal related to the pandemic
Published on : 02/10/2020 02 October Oct 10 2020NewsNewsletter / Do’s and Dont’sCoronavirusAs we enter the third season of the pandemic, many businesses are feeling the...