French Labour Code
In forceFor the application of Article L. 7343-17, the substantial drop in activity may be established in particular by the following elements:
1° A substantial drop in the average hourly income paid by the platform to the worker in the last three months of activity, compared with the previous twelve months.
The average hourly amount of income paid by the platform to the worker corresponds to the ratio between the activity income, defined in 2° of Article R. 1326-4 of the Transport Code, paid by the platform to the worker over a calendar month and the total duration of the worker's connection to this platform over the same month expressed in hours;
2° A substantial drop in the average number of services offered per hour by the platform to the worker over the last three months of activity, compared with the previous twelve months.
The average hourly number of offers of services, as defined in 3° of Article R. 1326-1 of the Transport Code, sent by the platform to the worker corresponds to the ratio between the number of offers of services sent by the platform to the worker over a calendar month and the total duration of the worker's connection to this platform during the same month, expressed in hours.
When the duration of the worker's activity with this platform is less than one year, the decrease mentioned in 1° and 2° is assessed by comparing the last three months with the average monthly activity over all the previous months.
