If the self-employed worker considers that, as a result of the platform, he has suffered a drop in activity in relation to his representation mandate, he may bring an action before the judicial tribunal, the seat and jurisdiction of which are set by decree, to put an end to this situation and claim compensation for the loss suffered as a result.
In support of his claim, the employees’ representative must provide evidence of a substantial drop in his average activity over the last three months of activity, in relation to the activity carried out over the previous twelve months or, where the period of activity is less than one year, in relation to the average monthly activity over all the previous months. In the light of these factors, it is up to the platform to prove that this drop in activity is justified by objective factors unrelated to the employee’s representative activity.