Date
22 January 2021

Tag

Active

Country
France France
Geographical scope
National
Type
  • Type

    Provision of insurance and social protection

    Legal
  • Type

    Working conditions

    Legal
View Initiative

Description

Law 2016-1088 of 9 August 2016 provides a legal definition of ‘electronic platforms’ and extends individual and collective rights to platform workers. The law also defines the principle of the social responsibility of the platform. Collective rights include workers’ right to create or join a union and to organise or participate in a strike and these may not be grounds for the client or platform to sever the contractual relationship. For workers who have generated at least the equivalent of 13% of the annual social security ceiling (€5,348 in 2021) of sales revenue, platforms must bear the costs of the workers’ occupational accident insurance and must cover the costs of ‘the validation of academic credit due to work experience’, meaning to obtain professional certification for the work experience they have gained.

The platforms concerned are companies established in France or abroad which place people at a distance by electronic means for the sale of a good, the provision of a service, the exchange of a good or service, the sharing of a good or service. Since 2019, platforms located abroad must be registered in order to have a French internal identification number (SIREN).

There are two possible options for the coverage of occupational injury contributions:

  • The worker can opt for taking voluntary insurance which covers work-related accidents. In this situation the platform must pay the contribution covering the risk of work-related accidents up to a ceiling set by decree. In 2021, for riders, the amount was 3.2% of €18,631 or €596.18.
  • The platform can offer the worker the opportunity to join a collective insurance scheme to which it subscribes and which includes guarantees at least equivalent to the voluntary insurance schemes.

In practice, the worker admitted to the voluntary insurance scheme for accidents at work and vocational training sends the platform his request for reimbursement of the contributions which were paid. The platform company must ensure that the application for reimbursement follows a simple procedure and must inform workers of the terms and conditions of the application. This must be free of charge and can be done electronically.

Coverage is provided once the annual turnover achieved by the worker through the platform is known. The worker must first pay the voluntary contribution and then claim reimbursement from the platform for the past calendar year, provided that the risk covered by the voluntary insurance corresponds to the activity carried out by the intermediary and that the worker has reached the 13 % of the annual social security ceiling threshold.

Where the worker carries out an activity on several platforms, a platform is obliged to pay the contributions and reimbursement of costs proportionally to the earnings that the self-employed worker has registered relative to the total turnover that he or she has registered in the calendar year through all platforms.


Additional metadata

Keywords
social protection, representation, industrial relations, social dialogue
Actors
Government
Sector
No specific sector focus

Sources

Citation

Eurofound (2021), France: Law 2016-1088 (Initiative), Record number 3029, Platform Economy Database, Dublin, https://apps.eurofound.europa.eu/platformeconomydb/france-law-20161088-103106.