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Armada 2019 - The Legal Status of a Self-Employed in front of Subordination Relationship



Armada of Rouen (2013) : Characterization of an Employment Contract based on the Link Subordinating a Service Provider (“Self-Employed Manager”) to a Fast Food Operator


On March 7, 2019, the Rouen Court of Appeal confirmed the reclassification as an Employment Contract of the professional commitment by which Mr. Y, a registered self-employed entrepreneur, managed a fast food stand operated at the Armada of Rouen (2013 edition) for a catering company named “Troisième Mi-Temps”.


Considering that his working conditions did not correspond to a agreement, Mr. Y brought an action before the Bernay Labour Court in recognition of an employment contract, as well as in payment of backpay and compensation.


On June 20, 2014, the Labour Court judges declined their comperence in favour of the Rouen Commercial Court, considering that there was no employment contract between the conflicting parties. On June 2, 2015, the Rouen Court of Appeal ruled that the Bernay Labour Court had jurisdiction according to the opposite reasoning.


The Labour Court Judges aligned themselves with those of the Rouen Court of Appeal and ordered Mr. Y’s former employer to pay him various sums (compensation, damages) on November 4, 2016.


“Troisième Mi-Temps” appealed. In particular, the company contested the presence of an Employment Contract with Mr. Y in the absence of a subordinate relationship between it and him.


Mr. Y had provided a series of services fo