Question 15024 — businesses

Summary

Ms. Anne-Sophie Ronceret draws the attention of the Minister of Labor and Solidarity to the consequences of limiting the status of collaborating spouse to five years, provided for in Article L. 121-4 of the Commercial Code. Indeed, this development, introduced by the social security financing law for 2022, was introduced in order to strengthen the social protection of spouses participating regularly in the activity of the company. family. It provides that a person cannot retain the status of collaborating spouse for a period of more than five years and that beyond this period, the spouse continuing to exercise regular professional activity in the company must opt ​​for the status of employee spouse or associated spouse. However, this limitation raises many concerns in the territories, in particular within very small businesses, local shops, crafts and agricultural operations. In these structures, the status of collaborating spouse often corresponds to a specific economic and family reality. The transition to employment or association may come up against significant financial, legal or organizational constraints. In practice, this limitation could produce effects contrary to the desired objective. Some spouses, often women, could be led to continue their activity without clearly recognized status, without appropriate social protection and without sufficient accumulation of retirement rights. Such situations require particular attention, even though the objective pursued was to better protect the spouses concerned. They also raise important issues in terms of recognition of work family, social protection and economic equality between women and men. Also, she asks him to please specify whether an assessment of the economic and social consequences of this limitation has been carried out or is being considered. She would also like to know the support measures or arrangements that could be put in place for very small businesses that cannot resort to either salaried employment or association, as well as the measures envisaged to prevent this reform from leading to a worsening of invisible work situations or economic inequalities between women and men.

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