The mobility orientation law of 24 December 2019 introduced into the Labor Code provisions applicable to workers using an electronic contact platform (Articles L.7341-1 to L.7342-11 of the Labor Code ).
Among these provisions is article L.7342-9 of the Labor Code which gives platforms the possibility, within the framework of their social responsibility towards self-employed workers, to establish a charter determining the conditions and modalities of exercise of their social responsibility.
More precisely, the objective pursued is to balance the relations between platforms and workers by defining the rights and obligations of each.
Almost a year later, decree n ° 2020-1284 of October 22, 2020 finally specifies the modalities for implementing this responsibility in the driving and delivery sectors, in particular through social responsibility charters. It also indicates that the judicial tribunal of Paris has sole jurisdiction to hear disputes, at first instance, relating to the compliance of social responsibility charters.
Filing of the social responsibility charter with the General Directorate of Labor
The new article D.7342-7 of the Labor Code states that, when it has established a charter determining the conditions and modalities for exercising its social responsibility, the platform submits it to the General Directorate of Labor (DGT) on website
https://demarches-simplifiees.fr
Approval of the social responsibility charter by the DGT
In a press release dated October 23, 2020, the Minister of Labor indicated that the social responsibility charter is a first step to regulate and rebalance labor relations between workers and platforms.
The platforms have no legal obligation to adopt the charter. However, if they decide to do so, it must, to be approved, contain the following information (listed in article L.7342-9 of the Labor Code):
- the conditions for exercising professional activity;
- the modalities aimed at enabling workers to obtain a decent price for their service;
- the methods of developing professional skills and securing professional careers;
- the terms of information sharing and dialogue between the platform and workers on the conditions for exercising their professional activity;
- the procedures by which workers are informed of any change relating to the conditions for exercising their professional activity;
- the expected quality of service, the platform control methods;
- where applicable, additional social protection guarantees negotiated by the platform from which workers can benefit.
In addition to these criteria, there is the obligation to consult the workers concerned on the content of the charter.
Indeed, the new article D.7342-8, II ° of the Labor Code states that the application for approval must be accompanied by documents certifying:
- the outcome of the workers’ consultation;
- the number of workers consulted;
- the number of workers who spoke;
- the organization and conduct of the consultation.
The general conditions of use and a model commercial contract must also be attached to the approval request, as well as any document useful for specifying the nature of the commitments appearing in the charter subject to approval.
Control of the content of the charter by the DGT
As part of the approval procedure, the Director General of Labor must ensure the completeness of the charter with regard to the provisions of article L.7342-9 of the Labor Code as well as the compliance of the charter. within the framework of the social responsibility incumbent on the platform towards its workers (article D.7342-8, III ° new of the Labor Code).
The Director General of Labor notifies his approval decision or the refusal of approval is to the platform within four months of receipt of the charter (article D.7342-8, IV ° of the Labor Code) . If no response is received within this period, the charter is deemed to be approved.
Publicity of the decision to approve the social responsibility charter
Once the charter has been approved, the platform must inform each of the workers with whom it is linked, either electronically or by ” any other means making it possible to give a certain date to the receipt of this information ”(Article D.7342-9 of the French Labor Code).
This information must also be mentioned on the website of the platform, as well as on the charter annexed to the contracts or to the general conditions of use which bind it to the workers as follows: ” Pursuant to article L.7342-9 of the Labor Code, this social responsibility charter has been approved by administrative decision of the [date] ”(New article D.7342-10 of the French Labor Code).
Modification of the social responsibility charter
Any modification of the charter must be transmitted by the platform to the DGT under the conditions set out in article D.7342-7 of the Labor Code.
The approval of the amended charter must be requested by contacting the Director-General of Labor under the conditions set out in article D.7342-8 of the Labor Code.
Finally, as when it was put in place, the amended and approved charter is brought to the attention of each of the workers with whom the platform is linked on the date on which the amended charter.
The implementation of social responsibility charters is part of a process to secure the situation of self-employed workers. As stated by the Minister of Labor, “ in these times of crisis which are having a hard impact on workers on mobility platforms, improving the status and strengthening the level of protection of these workers is more than ever a priority ».
New developments should be expected in the future following the submission by Jean-Yves Frouin, former president of the social chamber of the Court of Cassation, of his report “Regulating digital work platforms” to the Prime Minister, whose objective is to secure the legal relations and the situation of these workers without calling into question the flexibility provided by the self-employed status.
This content was produced by CMS Francis Lefebvre Avocats
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