Services, Civil Law, and Labor Law

By Jean-Pierre Chauchard, Jean-Pierre Le Crom

With the development of the social State, services which were unknown in industrial legislation gradually entered labor law. However, this integration can only be admitted if the concerned workers can prove that the labor contract in question is characterized by a subordination bond defined by jurisprudence or assumed to exist by law. Many service activities are still done by self-employed workers who maintain commercial relations with their customers. The fact remains that this question is still topical. The progression of services rendered to enterprises, and more generally the transformation of labor relationships are likely to have an impact on labor law or its application. Already services' contracts seem to sometimes be a means of avoiding labor law, as in road transport. However, in the long run, transformations of subordination's link could challenge the borders between paid worker and independent worker.

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