As we’ve discussed in previous posts, becoming a freelance assistant is relatively accessible—no specific degree is required. That’s what makes the profession attractive to many who want to start their own business.
However, like any career, it demands key skills and knowledge to succeed. Mastering these not only boosts your credibility but also helps you avoid serious legal trouble.
While the freelance assistant profession offers flexibility in terms of services you can provide, there are clear legal boundaries that you must not cross. Let’s break down the three biggest ones:
1. Disguised Employment
During our training sessions, we’ve noticed a recurring situation: new freelancers often consider working for a former employer who offers a large number of hours. It’s tempting when starting out—but it’s also risky.
This setup could legally be considered disguised employment—a situation with serious legal and financial consequences.
What Is Disguised Employment?
Defined under French law (Article L8221-6), disguised employment occurs when a client uses a freelance assistant under conditions that resemble salaried employment—without offering the protections of an employment contract.
In short: the assistant is not truly independent.
Why Would a Client Do This?
Simple: financial benefit. By avoiding employment status, the client escapes paying social contributions, minimum wage, paid time off, training, and other employee rights.
But this practice is illegal and punishable.
What’s the Risk for You?
Without an employment contract, you lose essential protections:
- No health insurance
- No paid leave
- No sick pay
- No unemployment benefits
You must remain fully autonomous—free to choose your clients, schedule, and rates.
Key Warning Signs
Subordination
This is the main legal criterion. If you:
- Have fixed working hours or work at a location chosen by the client
- Receive instructions, submit reports, or must attend meetings
- Use the client’s equipment exclusively
- Have fixed vacation dates imposed
… then your “freelance” role could legally be considered employment.
Economic Dependence
If you rely on a single client for all your income, you are economically dependent—and not running a sustainable business.
If that client ends the contract, you may be left with no income and no benefits.
Consequences
For the Assistant:
You may face audits, lose any benefits received, and your service may be reclassified as employment.
For the Client:
They can be ordered to:
- Pay backdated wages, benefits, and social contributions
- Pay severance and damages if the relationship is terminated
- Cover legal penalties and backpay to the URSSAF
How to Stay Protected
- Always maintain independence in how you work.
- Sign a contract or quote that defines deliverables, deadlines, and autonomy.
- Never accept imposed schedules or rules—your client is not your boss.
2. Illegal Practice of Accounting
Accounting in France is a regulated profession. Only certified accountants registered with the Ordre des Experts-Comptables are authorized to perform accounting services.
What You Cannot Do
If you are not a registered accountant, you may not:
- File VAT returns
- File URSSAF contributions
- Reconcile bank accounts or perform account matching
- Make accounting entries in bookkeeping software
- Generate balance sheets or profit/loss statements
Doing so is considered the illegal practice of accounting—and punishable by law.
Legal Penalties
Unauthorized accounting may result in:
- Fines up to €15,000
- One year of imprisonment
- Disciplinary penalties
What You Can Do
You may offer pre-accounting tasks, such as:
- Sorting and filing receipts/invoices
- Following instructions from a certified accountant
- Collecting and transmitting documents
- Assisting with payroll follow-up (but not payroll processing)
Special Case: Working With an Accountant
You may only perform accounting tasks if subcontracted directly by an accountant and under their legal responsibility. They must supervise your work and remain liable for the output.
3. Unauthorized Legal Services
Only licensed legal professionals can offer legal advice or draft legal documents on behalf of others for compensation.
This includes:
- Giving personalized legal advice
- Drafting employment or commercial contracts
- Writing legal notices, demand letters, debt acknowledgments, or loan agreements
- Creating articles of incorporation or legal statutes
These activities are reserved for lawyers or regulated legal professionals.
According to Article 54 of the 1971 Law, anyone providing such services without authorization is committing a criminal offense, punishable under Article 433-17 of the French Penal Code.
Even if you’re capable of drafting legal documents, doing so for others—for money and on a regular basis—is illegal without proper credentials.
Final Thoughts
The freelance assistant profession offers tremendous freedom, but that freedom comes with responsibility.
Understanding the boundaries of your profession—especially around employment law, accounting, and legal advice—protects you and your clients.
You don’t need a diploma to succeed, but you do need:
- Knowledge of the legal framework
- A commitment to ethical, independent work
- Professional discipline in the services you offer
Respecting these rules builds your credibility, protects your business, and sets the stage for long-term success.
Thinking of launching your freelance assistant business? Stay informed, stay legal, and build your career the right way.
