Relationship Of Subordination

REVIEWED DECISION (S): Cour de cassation, social chamber, May 9, 2001, Community of Emmaus de la Pointe Rouge against Mirallès Barons

AUTHOR (S): Alfandari, Elie                                                

REFERENCE: Le Dalloz, n ° 21, May 30, 2002, pp. 1705-1709                                             

KEYWORDS: Employment contract, definition, relationship of subordination, community association, journeyman, article 121-1 of the Labor Code                                             

The existence of a salaried employment relationship depends on the de facto conditions in which the professional activity is carried out.

DECISION

REFERENCE: BICC 546

KEYWORDS:         Definition.- Link of subordination.- Assessment.- Criteria.-

Characterize the existence of a permanent legal subordination link between a company, operator of a hairdressing-esthetician salon and the beautician practicing her activity within this salon, the judges who find that the beautician must comply with the time constraints set by the company, that it performs its work in its premises, that it receives directives from the person in charge of the show and that its activity is carried out within the framework of the organized service of the show.