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Digital Work Platform: the way of the Wage Portage

The report “Réguler les plateformes numériques de travail”, prepared by Jean-Yves Frouin with the assistance of Jean-Baptiste Barfety was submitted on December 1, 2020.

The objectives of this report were to clarify the status of platform workers, guarantee workers’ rights and secure relationships through the use of a third party, ensure collective regulation of platforms, regulate and control digital work platforms and complete the foundations of a “common status” for all forms of work.

Given the scope of the task, the authors have limited their thinking to mobility platforms (private transportation of people and delivery of goods or meals).

The objective set by the first mission letter of January 13, 2020 has been achieved with Order No. 2021-484 of April 21, 2021 on the representation of self-employed workers who use platforms for their activity.

On the other hand, the complementary mission letter of June 5, 2020, which followed the “UBER” decision of the social chamber of the Court of Cassation of March 4, 2020, and which was supposed to lead to a reflection on the individual status of platform workers, resulted in the proposal to use a “securitizing” third party, either a cooperative of activity and employment (CAE) or a wage portage company (EPS), a proposal which, to date, has not been followed up with legislation.

It must be said that this proposal has received a critical reception, to say the least.

In an article published in the Semaine Juridique, we provide insight into the conditions under which employee portage could be a way forward for digital work platform workers based on several questions:

– How did the authors of the “Regulating Digital Work Platforms” report arrive at the solution of wage portage for platform workers?
– Would this solution lead to a redefinition of wage portage and its scope?
– Would there be other adaptations to the current legal framework?
– What about the question of remuneration and the progressive structuring of the activity envisaged?

Cf « En questions « Plateforme numérique de travail : la voie du portage salarial », La Semaine Juridique – Edition Sociale n°3°634, 27 juillet 2021

Laurent CARRIÉ

Author(s): Laurent Carrié
Departement: Employment Law
Expertise: Employment Law