France: French Labour Inspectorate to Crack Down on Unjustified Use of Independent Contractors

The French Labour Inspectorate announced on February 16, 2026, that it will be running a national campaign which aims to monitor the use of independent contractors by companies and in particular in the retail, hospitality and events industries.

In addition to a nationwide communication campaign, the French Labour Inspectorate will also be carrying out heightened controls between March and August this year.

Under French law, a company’s relationship with an independent contractor can be requalified as an employment relationship if the independent contractor does not enjoy a sufficient level of autonomy.

This means that they cannot receive permanent or overly frequent instructions from the company, they must benefit from a high level of autonomy regarding their working time and the company must not excessively control their performance. They also cannot be subject to disciplinary sanctions.

In case of non-compliance with these requirements, the relationship can be requalified as an employment contract with possible claims of employee benefits, fines for non-payment of the applicable social security contributions, damages in case of termination of the contract without following the proper process which applies to the termination of employment relationships and potential criminal proceedings for undeclared work, which is punishable by up to 3 years of imprisonment and a fine of up to €225,000.

 

Key Action Points for Human Resources and In-House Counsel

Seek legal advice before having recourse to independent contractors.