The spouse working in family businesses on a regular basis should choose one of three statutes: • spouse collaborator, • employee spouse, • spouse or partner, each of these statutes conferring personal, professional and social contexts. The membership status of a spouse collaborator now imposes an obligation to mention and foremost a personal obligation of affiliation to the pension fund of the entrepreneur. Concerning the combined status of spouse collaborating with a foreign occupation, Article 2 of Decree No. 2006-966 of 1 August 2006 provides that "spouses who exercise outside of the company, an employee of 'duration at least equal to half the legal working hours, or a self-employed, are presumed not to engage in business in a professional activity on a regular basis. However, this presumption does not

exclude them from profit status employee spouse when they are engaged in a regular activity in the family business and make a statement to that effect. In this case, spouses must contribute to the pension insurance of the entrepreneur, under their joint activities collaborator. The activity of the employee spouse is distinguished by its regularity, the mere assistance to family. Do not, therefore, may be one spouse employee who works on an occasional or sporadic in the family business. There is no quantitative definition, in terms of hours worked, regularity of the activity of joint collaborator, since the latter, which is treated as self-employed, is not subject to the labour code. The regularity of its activity in the company shall, in each case, according to the following criteria: direct and effective participation in the activity of the business, professional and as usual, and integration into the organization of 'pursuit of the activity of the company.

Tags: company, employee, joint, Status

Posted on: September 2, 2008

Filed under: Employment