Facts
The case concerns a man (S.) who took over the operation of a telephone booth in 1993. He remunerated 15 women, including H. and R., for their services at the telephone booth, without paying the corresponding social security contributions. The compensation fund then obliged him to pay the outstanding contributions. S. contested this decision, arguing that the women were self-employed workers and not employees.Considerations
The Federal Court confirmed that the activities of the "telephone operators" should be qualified as a dependent gainful activity within the meaning of Art. 5 para. 2 OASIA. Although the contracts were qualified as "mandates", the characteristic elements of an employment relationship predominate, in particular: - The telephone operators worked exclusively on the premises and with the equipment rented by S. - Their work was clearly defined (answering the phone, keeping company with callers) - They were paid by the hour, which indicates a control of their activity by S. - They did not have a specific…