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The Scope of Labour Law and the Notion of Employee - Aspects of French Labour Law
The Scope of Labour Law and the Notion of Employee - Aspects of French Labour Law French labour law grants the employee a status, whose application depends on the existence of a contract of employment. The importance of the protective rules contained in the status makes the qualification of contract employment a central issue for labour law and generates important litigation. The issue of the scope of labour law has attracted much attention in the last few years in France, for two reasons at least. First, the criteria for the application of labour law, that is to say the criteria that determine the existence of a contract of employment, have encountered important evolutions in the last ten years. Second, there have been debates on the issue of para- subordination, with a discussion on the adequacy of the traditional criteria of subordination. The issue is of particular importance, considering the scope of social security law is closely linked to that of labour law. The following issues will be dealt with1: 1. The general context: changes as to power within the company 2. Labour law and social security law 3. The notion of employee 4. The extension of the scope of labour law I. General Context: Changes as to Power Within The Company2
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