Qualification of the contributor status of a freelance journalist

Facts

The dispute concerns the qualification of the contributor status of a freelance journalist who worked regularly for the same newspaper between 1986 and 1989. The Zurich Employers' Compensation Fund and the AIO Appeal Commission of the Canton of Zurich considered that the remuneration received by the journalist constituted income from a dependent activity, and not from an independent activity. The publishing company of the newspaper contested this decision before the Federal Insurance Court.

Considerations

The Federal Court upheld the decision of the previous instances. According to case law, the qualification of an activity as independent or dependent does not depend on the legal nature of the contract, but on the economic circumstances. A person is considered to be engaged in a dependent activity if they are dependent on their employer in terms of work organization and do not bear any specific entrepreneurial risk.

In the present case, although the journalist enjoys a certain autonomy in the organization of his work, the fact that he worked regularly for the same newspaper between 1986 and 1989 places him in a situation of dependence comparable to that of an employee. This administrative practice, established in agreement with the social partners, aims to ensure a uniform application of the law.

Thus, independent journalists who work regularly for the same newspaper…