THE REPRESSION OF ILLEGAL WORK CHALLENGED BY FALSE SELF-EMPLOYMENT

International audienceAn interministerial "anti-fraud" committee devoted to the fight against illegal work met on 11 March 2022 and presented the results of the National Plan to Combat Illegal Work 2019-2021, as well as the first orientations for the 2022-2024 plan. The latter pointed out the development of fraud related to "false" self-employment, particularly through networking platforms. The balance between the status of self-employed and that of employee is now in turmoil in the light of the development of the "gig economy" » . This context brings to the fore an old question: where to draw the line between wage labour and self-employment? This question might seem trivial if it did not bring with it its share of social, economic and legal consequences. Beyond the issue of labour law, it is also a whole social security system that conditions the qualification of the worker, hence the temptation for companies to falsely use workers declared as self-employed to escape social and regulatory "constraints", which are just as much protection from the worker's point of view