The law-program of December 27th 2006 creates a framework law which clearly defines the general criteria of distinction between the statutes of employee and self-employed worker. This to clarify the statute of "false self-employed" (see story n°06711), which has become more and more problematic. (Ref. 070081)
The law is based on the decisions of the supreme Court of Appeal on the matter. The text is based on the free choice of the parties for determining the nature of the contract, provided there is no flaw on the agreement. However, the priority is given to the qualification which arises from the effective exercise of the working relationship. “These new legal provisions do not innovate at all compared to jurisprudence, underlines François Lagasse, lawyer at Dewolf & Partners, and thus do not preju
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