CASE COMMENT : DISTRIBUTION - COMMERCIAL AGENCY - QUALIFICATION – ACTUAL CONDITIONS OF EXERCISE OF THE ACTIVITY OF THE AGENT – LEGAL SUBORDINATION (YES) – REQUALIFICATION IN EMPLOYMENT CONTRACT (YES)

Requalification in employment contract: The Rennes and Paris Courts of Appeal requalify as employees commercial agents who actually exercised their activity in a position of legal subordination towards the principal (IG2P)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Disputes over the classification of the commercial agency contract do not develop solely around the question of the agent's power to negotiate. It extends to the case of commercial agents who are contractually qualified as such but whose actual conditions of activity place them in a situation of subordination vis-à-vis the principal. Pursuant to the decisions handed down by the Rennes Court of Appeal on 22 May 2013 and the Paris Court of Appeal on 26 June 2013, commercial agents thus obtained the requalification of their contracts as employment contracts, once they had succeeded in demonstrating

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Dominique Ferré, Requalification in employment contract: The Rennes and Paris Courts of Appeal requalify as employees commercial agents who actually exercised their activity in a position of legal subordination towards the principal (IG2P), 22 May 2013, Concurrences N° 4-2013, Art. N° 59229, p. 92

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