French Labour Code
In forceAs part of its social responsibility towards the workers referred to in Article L. 7342-8, the platform may draw up a charter setting out the terms and conditions for exercising its social responsibility, defining its rights and obligations and those of the workers with whom it has a relationship. This charter, which reiterates the provisions of this chapter, specifies in particular:
1° The conditions for the exercise of the professional activity of the workers with whom the platform is in contact, in particular the rules according to which they are put in contact with its users as well as the rules that may be implemented to regulate the number of simultaneous connections of workers in order to respond, where appropriate, to a low demand for services by users. These rules guarantee the non-exclusive nature of the relationship between workers and the platform and the freedom of workers to use the platform and to connect or disconnect, without the imposition of time slots for activity;
2° Arrangements to enable workers to obtain a decent price for their services;
3° Arrangements for developing professional skills and securing career paths;
4° Measures aimed in particular at
a) Improving working conditions ;
b) Preventing occupational risks to which workers may be exposed as a result of their activity and damage caused to third parties;
5° The arrangements for information sharing and dialogue between the platform and the workers on the conditions under which they carry out their professional activity;
6° The arrangements for informing workers of any changes to the conditions under which they carry out their professional activity;
7° The quality of service expected, the procedures for monitoring by the platform of the activity and its performance and the circumstances that may lead to a breakdown in the commercial relationship between the platform and the worker meeting the requirements ofArticle L. 442-1 of the Commercial Code , as well as the guarantees from which the worker benefits in such a case;
8° Where applicable, the supplementary social protection guarantees negotiated by the platform from which the workers may benefit.
Under conditions specified by decree, the charter is forwarded by the platform to the administrative authority.
When the platform refers the matter to the administrative authority, the latter shall decide on any request to assess the compliance of the content of the charter with this Title by means of an approval decision. Prior to this request for approval, the platform consults self-employed workers by any means on the charter it has drawn up. The result of the consultation is communicated to the self-employed workers and attached to the application for approval.
The administrative authority notifies the platform of the approval decision or its refusal within four months of receipt of the charter. If no response is received within this period, the charter is deemed to have been approved.
The charter is published on the platform's website and appended to the contracts or general terms and conditions of use between the platform and the employees.
When approved, the drawing up of the charter [Provisions declared to be unconstitutional by Constitutional Council decision no. 2019-794 DC of 20 December 2019] may not establish the existence of a legal relationship of subordination between the platform and the workers.
