If users of a sheltered work assistance centre may be regarded as workers

This decision provides important guidance on your family and estate rights. Here is what it means for you.

The situation

While the users of a sheltered work assistance centre may be regarded as workers, within the meaning of Article 7 of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003, owing to the economic value of the services provided and remunerated, they may rely on a right to leave only as from the date of entry into force, on 1 January 2007, of Decree No 2006-703 of 16 June 2006 reforming Article R. 243-11 of the French Social Action and Families Code and implementing Article L. 344-2-2 of the same Code. For any period prior to that date, they cannot rely on the interpretation, in the light of Directive 2003/88, of provisions of domestic law which, in the absence of a contract of employment, do not apply to users of a sheltered work assistance centre

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly observe the statutory time limits for appeals
• Keep all your supporting documents (title deeds, legal instruments, correspondence)
• Plan ahead: preventive advice is always less costly than a dispute

For an analysis of your situation: 30-minute consultation at €70 with Maître Perucca.