The "Independent Worker" and "Employee" Status

It is important to distinguish between employees hired under an employment contract and "independent workers" who carry out work for an "employer" whilst remaining self-employed. This distinction is crucial as an employee hired under an employment contract is entitled to the safeguards provided for by French labor law with respect to, for instance, wages and termination conditions.

"Independent workers" can refer their case to the courts, asking that their status be redefined in order to benefit from the advantageous provisions of French labor law.

Given the disparity between what an employee is entitled to pursuant to his/her employment contract, if dismissed, and what an independent worker is entitled to when the contractual relation ends, there is a real risk that an independent worker may ask for the reclassification of his/her works contract.