Vendor status at home: employee or independent?
Shall be considered as home sellers who perform from individuals, canvassing, in person or by meetings, excluding solicitation by telephone or other technical means equivalent, the sale of products or services under the conditions set by articles L. 121-21 to 32 of the Consumer Code.Vendors at home can actually exercise under three statutes, depending on their degree of independence and their lawful activity.
• Those who have exercised this business for 3 years and consecutive complete calendar, and fired for each year an annual gross earnings of more than half a ceiling on social security, are required to register the commercial registers and companies or the special register of commercial agents. This category of home sellers is seen as exerting an independent commercial activity, including
the regime of affiliation to social security.
• Those who carry out their activities independently but do not meet the above conditions are considered non-employees under labour law, but instead they are affiliated to the general social security, under the provisions of the Article 42 of Law No. 94-637 of 25 July 1994, which created the special status of independent home seller (VDI).
• Those finally, which operate in the context of a relationship of subordination, characteristic of a contract of employment, are employees in its fullest sense. As in all other cases of challenges to the independent or non-activity, the research judge what is the nature of the contractual relationship that binds the seller to his home payer, by examining beams d 'indices such as: greater or lesser freedom of organization and schedules, direct or non-exercise of authority, and so on.
Tags: employee, home, independent, Status, Vendor
Posted on: September 2, 2008
Filed under: Employment
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