Question 14265 — self-employed and self-employed

Summary

Ms. Marie Tamarelle-Verhaeghe draws the attention of the Minister of Labor to the legal status of delivery people attached to digital home meal delivery platforms. These delivery drivers are independent workers, self-employed, linked to the platforms by commercial contracts. In the absence of an exhaustive census, it is estimated that there are around 15,000 in France. They have no legal or social protection, and contribute neither for social security nor for their retirement. Decree No. 2017-774 of May 4, 2017 relating to the social responsibility of electronic connection platforms established a first principle of social responsibility for platforms. An encouraging measure but which does not remove the opacity surrounding the legal status of delivery people. A vagueness which inexorably leads to transgressions of the labor code. For create an account on a platform, it is necessary to provide a SIRET number and an identity document. A step intended to regulate the profession and which de facto excludes any minor under the age of 16 or who does not have a residence permit. But the lack of legal supervision of the platforms has allowed the development of a business of “renting” accounts, seriously undermining the labor code. Malicious individuals thus make undocumented immigrants, minors, or both work, completely illegally, recovering the earnings directly from their bank account before giving part of it in cash to their hidden worker. A drift which fully highlights the flaws in the labor code and the way in which they are exploited. A drift which calls for responses on a national but also European scale. Faced with the same precarious working conditions imposed by the globalized model of platforms, delivery workers from 12 European countries created the first Transnational Federation of Couriers (FNT) on October 26, 2018 in Brussels, in order to make the recognition of their status a European fight. A few days later, on November 7, 2018, the Valencia court reclassified the contract of a Deliveroo deliveryman as a salaried employment contract, considering that the relationship maintained with the platform was that of a false micro-entrepreneur. A first in Europe which suggests that this question will be at the heart of the news in the coming months. Faced with the resurgence of forms of hidden work, and the precariousness of delivery workers' work, it would like to know the measures it is considering to hold platforms accountable, offer legal status to delivery workers and firmly punish those who deviate from the legal framework.

Machine translation from French. The official text remains authoritative.

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