Published on May 6, 2017, the Decree 2017-774 creates new obligations for electronic networking platforms for the sale, exchange or sharing of goods or services.
The decree covers all electronic networking platforms so that this new social responsibility is not limited to sector giants such as Uber or Deliveroo.
The numerous start-ups in the sector will therefore have to be vigilant in this regard since these new obligations apply as of January 1, 2018.
It should be noted that these new obligations only apply to platforms that use self-employed workers and that set the characteristics and the selling price of the property or the service provided.
1 — What are the obligations for platforms?
As of 2018, platforms will have the obligation to cover the amount of the “work accident” contribution paid by the self-employed worker if the contracts they offer to self-employed workers do not provide for group insurance.
The contribution due in this respect by the platforms is limited to the contribution due under the voluntary insurance for accidents at work and occupational diseases provided for in article L. 743-1 of the Social Security Code, calculated on the basis of the minimum wage provided for in the first paragraph of article L. 434-16 of the same code.
In order to benefit from this support, it is up to the self-employed worker to send the platform his request for reimbursement to the platform by justifying the expenses incurred under this contribution as well as the turnover achieved on this platform.
The platforms will also be required to cover the costs of support and compensation for loss of income as part of the validation of acquired and experience (VAE) process for self-employed workers within the limit of 3% of the annual social security ceiling (i.e. 1,176.84 euros in 2017).
These new provisions therefore aim to associate electronic networking platforms with the risks of accidents and job loss for the self-employed workers they use.
2 — Who are the self-employed workers concerned?
All self-employed workers who generate a turnover of at least 13% of the annual social security ceiling (i.e. 5,099.64 euros in 2017) through one of these platforms during the calendar year for which the contribution and contribution were paid will thus be able to benefit from this protection.
However, those with a turnover below this threshold on the same platform are not affected by this support.
When several platforms are bound by the above obligations, the cost of the occupational accident contribution or support measures will be distributed between the platforms in proportion to the turnover achieved by the self-employed worker on each of the platforms.
For the platforms concerned, it is therefore imperative to integrate these new obligations into the contracts offered to self-employed workers in the short term and, where appropriate, to negotiate collective “occupational accident” insurance to limit the cost of these new obligations.
Tristan Hubert
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