Question 3391 — personal services

Summary

Mr. Philippe Juvin draws the attention of the Minister of Labor, Health, Solidarity and Families to the legal status of individual employers in the home help sector. Home help services for the elderly are often provided by intermediary structures which put individual employers in contact with workers. In this context, individuals become legal employers home help, thus assuming the related social and tax obligations, in particular the payment of contributions to Urssaf. However, situations have been reported where intermediary structures, although receiving payments from individuals, do not make declarations or payments of social security contributions. Consequently, Urssaf turns against individual employers, legally responsible, for the recovery of amounts due. These situations recall the complexity of the legal status of individual employers in the home help sector. The latter, often poorly informed of the legal obligations incumbent on them, find themselves exposed to financial and legal risks in the event of failure of intermediary structures. By way of comparison, the early childhood sector has undergone reforms aimed at strengthening quality and safety of care for young children. For example, since 2021, reception structures must ensure that all their staff respect strict criteria of good repute. It would be relevant to consider, following the model of the early childhood sector, similar obligations for structures bringing together individual employers and home helpers, in order to guarantee compliance with social and taxes and to protect individual employers from potential failures of intermediaries. He would like to know if the Government intends to legislate in this area, perhaps by creating a hybrid legal status, to better adapt to the situation of French employers of home workers, who sometimes have no control over the pay slip.

Machine translation from French. The official text remains authoritative.

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