The French Government and its German counterpart changed their legislation about independent employment almost simultaneously. In Germany the Law concerning the encouragement to independence, retroactive until 1.1.1999 (BGBL I 2000, 2), changed the rules about social insurance (§ 7 SGB IV) and instituted the obligation of retirement contributions for pseudo-independents (§ 2 Nr. 9 SGB IV), together with an official request for information concerning the statute. In France the ‘Aubry II Law’ struck off the first two paragraphs from the L 120-3 C.trav ‘ancien’ Law, so called ‘Madelin Law’, striking any legal definition of labour. The aim of this article is to show the advantages and disadvantages of both laws by comparing the different criticisms.
International Journal of Comparative Labour Law and Industrial Relations