In 2023 and 2024, the number of freelancers and self-employed continues to grow. In France, there are more than 1.3 million freelancers, representing an increase of 110% compared to 2012. However, this growth is accompanied by legal risks, in particular the requalification in CDI.

French legislation imposes strict criteria to differentiate a freelancer from an employee. In 2023, more than 60% of CDI requalifications were the result of disputes related to economic dependence and the lack of autonomy of freelancers.

Part 1: Understanding CDI Requalification

Definition and criteria

The requalification in CDI occurs when the working relationship between a freelancer and a company is considered consistent with that of an employee. According to the French Labour Code, several criteria can lead to this requalification:

• Link of subordination: The freelancer receives precise instructions and regular control of his work, however he must remain autonomous. According to a 2023 study, 55% of requalifications were due to an obvious relationship of subordination. In 2023, 40% of freelancers worked primarily for a single client, increasing the risk of requalification. 

• Fixed hours: the self-employed must respect working hours imposed by the company. 50% of requalification cases involve freelancers with company-imposed schedules.

• Integration into the company: The freelancer uses the company’s resources (office, equipment) and participates in internal activities as an employee.

Legal and financial implications

• Financial penalties: The company may be ordered to pay retroactive social security contributions, redundancy compensation without real and serious cause, unpaid leave, etc.
• Rights acquired by the worker: The requalified worker benefits from all the rights of an employee, including the precariousness allowance and paid leave.

Impact on working relationship and company reputation

• Relationship of trust: Requalification can affect freelancers’ confidence in the company.
• Reputation: A company recognized for requalifying its freelancers can see its reputation tarnished and attract less talent.

Part 2:  Good practices to avoid requalification

Clear and precise contracts 

It is crucial to draft detailed contracts that clearly define the independent nature of the employment relationship. The contract must state:

• The specific missions.
• The freedom of the freelancer in the execution of these missions.
• The absence of a relationship of subordination.

Show of independence

• Encourage freelancers to use their own tools and methods.
• Limit their internal integration: no fixed office, flexible hours, etc

Relationship management

• Avoid giving too specific instructions and controlling activities as an employer would with an employee.
• Prefer punctual and varied missions rather than continuous and permanent work.

Part 3 : Conclusion

The management of freelancers requires special attention to avoid the risks of requalification in CDI. In 2023, 70% of companies that implemented preventive measures avoided litigation related to requalification 

Adopting appropriate management practices is essential to enjoying the benefits of freelancing without the legal risks.

Companies must remain informed and regularly consult labour law experts to comply with legal and case-law developments.

To ensure efficient and compliant management of your freelancers and freelancers, contact us for personalized advice or manage our additional resources with adapted tools.