1. A person shall be considered to be engaged in modelling, even if this activity is only carried out occasionally, if he or she is responsible for :
- Presenting to the public, directly or indirectly by reproduction of his/her image on any visual or audiovisual medium, a product, a service or an advertising message;
- Or posing as a model, with or without further use of his/her image. It does not matter in this respect how well known the person is or how old he or she is and whether he or she carries out this activity on an occasional or professional basis, or whether he or she has another profession as his or her main occupation. For example, students or young children hired to participate in the presentation of products or the promotion of a brand at an event should be considered as models.
2. Any contract by which a natural person or legal entity secures the services of a model for remuneration shall be presumed to be a contract of employment.
The model is therefore obliged to be an employee as far as his or her service provision is concerned and must be declared as such to social organisations.
This presumption applies irrespective of the method and amount of remuneration and the classification of the contract by the parties. Nor is it destroyed by evidence that the model retains full freedom of action in the performance of his or her presentation work. It follows from these provisions that a model cannot be considered as a self-employed person or self-employed entrepreneur and be paid on the basis of an invoice. Nor can he or she be considered a volunteer, even if he or she is a minor, if there is a hierarchical relationship or if remuneration is provided in return for the service. Nor can it be accepted that the minimum remuneration for models is not monetary.
No remuneration or payments in kind (clothing, etc.) are prohibited.
The fact that the presentation service is organised by a non-profit organisation, such as a traders' association, in a commercial or promotional context, cannot allow the application of the code du travail (French Employment Code) to be ruled out.