If the law passes definitively, in the event of professional difficulties, the self-employed should be placed a little less under financial pressure. The deputies voted on Monday in favor of a single statute for these some three million workers, providing in particular for the protection of their personal assets.
These provisions appear in the bill “in favor of independent professional activity”, widely adopted in the evening at first reading at the Palais-Bourbon by 72 votes for, one against and 8 abstentions. The Senate considered it last October.
A “dynamic” sector
The text, submitted to an accelerated procedure, must now be the subject of a joint joint committee (CMP) with the Senate intended to find a compromise between the versions of the two chambers, the last word going to the National Assembly. The government is aiming for final adoption before the end of the legislature, for implementation this year.
The reform constitutes “the cornerstone” of the plan in favor of self-employed workers announced by Emmanuel Macron on September 16, underlined the Minister in charge of SMEs, Jean-Baptiste Lemoyne. He also recalled the “dynamic” nature of this sector, with 840,000 business creations in 2020, or 4% more than in 2019, and “more than 900,000” from January to November 2021.
Differentiate between heritage
The project aims to provide “a fairer and more protective environment” to the self-employed, whose activity by nature faces significant risks, currently reinforced by the uncertainties linked to the health crisis, for her part underlined the LREM rapporteur. Marie-Christine Verdier-Jouclas. Individual entrepreneurs would thus be holders of two assets, one professional, the other personal which would be elusive in the event of default, whereas today only the main residence is protected.
The reform, which departs from the legal principle of the uniqueness of heritage, aims to meet a long-standing demand from these workers – craftsmen, traders, liberal professionals, etc.
Provide more access to unemployment insurance
Senate modifications aimed at clarifying the legal demarcation of the two heritages and reducing the exemptions were rejected in committee. This point was debated again on Monday, with right and left expressing concerns in particular about the possibility for creditors, in particular banks, to circumvent the protection offered by the new statute. Amendments by Jean-Paul Mattei (MoDem) were, however, adopted in session to provide more guarantees on this subject, in particular by further framing a possible waiver of the protection of personal assets.
The project also provides for extended conditions of access to the allowance for self-employed workers (ATI) in order to open unemployment insurance to them. It also facilitates the transfer of the business and simplifies the financing of vocational training.
