Working as a couple in France

Working as a couple in France

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ALL SPOUSES OR PARTNERS WHO CARRY OUT WORK FOR A FAMILY BUSINESS MUST NOW BE DECLARED AS WORKING AND PAY INTO A SOCIAL SECURITY SCHEME. This applies whether or not they are paid for their


work. The requirement was introduced in the 2018 Loi Pacte after a study by the Economy and Finance Ministry found that a quarter of business owners worked with their spouse, either part or


full-time. One in three of those spouses had no declared activity and consequently no legal or social protection. In most cases, the “unprotected” spouse was a woman. The partner does not


have to do work every day to be classed as having a regular activity – it can also relate to undertaking a regular task, such as sending out quotes, or making VAT declarations. The partner


can be signed up when the business is created or at a later date if they started to work after. There are three choices of status which can apply: * _CONJOINT COLLABORATEUR_ This covers


cases where the partner works regularly without pay or ownership in a small business, registered as a SARL, EURL, SELARL or an Entreprise Individuelle, which covers independent workers such


as _micro-entrepreneurs_. The partner must pay into the social security system to gain rights towards healthcare and a retirement pension. Theregime applies only to couples who are married


or have a Pacs partnership and not to _concubinage_ couples who live together with no legal status. * _CONJOINT ASSOCIÉ_ This covers the situation where the spouse owns a share in the


business and does regular work which may or may not be paid. It covers spouses, Pacs partners and couples living together with no legal status and the business must be registered as a SARL,


SNS, SELARL or SAS. The _conjoint associé_ must pay into a relevant social security scheme, depending on their position in the company. * _CONJOINT SALARIÉ_ This means that the spouse is in


the same category as an employee, with a contract and a monthly salary which must be at least equal to the SMIC minimum wage. The spouse has the same rights as any salaried employee and can


either be married, in a Pacs partnership or living with the company boss.