Subsection 5: Protection of representatives

When the representative appointed pursuant to Article L. 7343-12 uses a platform as a self-employed worker to carry out his professional activity, the commercial contract may only be terminated at the initiative of the platform after authorisation by the Employment Platforms Labour Relations Authority referred to in Article L. 7345-1. This authorisation is also required when the self-employed worker has demonstrated that the platform was aware of his imminent appointment…

The request for authorisation to terminate the commercial contract is sent to the Autorité des relations sociales des plateformes d’emploi under conditions laid down by decree. In the event of serious misconduct, the platform may temporarily suspend its commercial relations with the person concerned until the decision of the Autorité des relations sociales des plateformes d’emploi. This decision must be substantiated and notified to the Authority without delay. If authorisation…

Where the administrative court annuls the decision of the authority referred to in Article L. 7345-1 authorising the termination of the contract concluded between a platform and a representative appointed pursuant to Article L. 7343-12, or where the termination of this contract is ordered in disregard of the provisions relating to the administrative authorisation procedure provided for in Article L. 7343-13, the representative is entitled to payment by the platform…

Failure to comply with the provisions relating to the administrative authorisation procedure provided for in Article L. 7343-13 to terminate the commercial contract entered into with a representative of workers using the platforms is punishable by one year’s imprisonment and a fine of €3,750.

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…

The procedures for applying this sub-section are determined by decree in the Conseil d’Etat, in particular the conditions for calculating the substantial drop in activity mentioned in article L. 7343-17.