Inad has, for years, worked to organize the profession of divinatory arts to allow practitioners and consumers alike to maintain satisfactory professional relationships, excluding any fraud or manipulation. But despite the colossal challenges and the financial flows that the profession generates, our interventions, although having received a favorable reception from the public authorities, remained in vain.
(Photo by Master Jonathan Bellaiche) Certain extremely well-structured platforms, erected as veritable fortresses specializing in the exploitation of gullibility and human distress, exploit this colossal market. The fear of uncertain tomorrows and the anxiety of everyday life have led hundreds of pseudo-seers, without any real divinatory gift but truly enlightened, to seize this breach to work with complete impunity. Notorious charlatans have become experts in structured and organized lies by selling wind. Scams are legion, everything is good to sell wind. Rather than focusing on reassuring customers and informing them, certain pseudo-professionals strip customers who are already psychologically weakened of their savings. But what is really happening on the other side of the looking glass? How are platform employees treated? How do we use them? The lack of legislation surrounding the profession, due to the fact that the practice is not regulated and sanctioned by state diplomas and training, makes the environment in which the practices evolve unclear. Establishing a legal framework, promulgating laws and other legal texts which would serve as rules of the profession, this is what Inad has strived to put in place for many years.
For the first time, the indictment of De Kang, a major platform, brought before the industrial tribunals will leave no one indifferent, let alone all the platforms existing on the national market. Highlighting the methods of engagement of clairvoyants and other mediums without talent or gift, just good at deceiving consumers, will be the corollary of a troubling situation experienced by many professionals. The transformation of the economy and the world of work is now widespread across all sectors. Uberization and digitalization favor this state of affairs. From logistics, to transport, including medicine, services, commerce, nothing escapes the phenomenon. Today, we are witnessing a transformation of salaried jobs and independent activities. The digitalization of the world and society has definitely taken hold, transforming the way we work and approach everyday things.
After a careful examination of the practices of clairvoyance and the exploitation of consumer clients, a Parisian law firm, represented by Me Jonathan Bellaiche, took up the file of a supposed independent collaborator, by bringing the matter before the Industrial Court. Maître BELLAICHE founded the GOLDWIN SOCIÉTÉ D’AVOCATS firm. He has distinguished himself by winning emblematic cases in the digital and social fields but also in real estate. He is, in particular, among the first lawyersFrench to have incurred both criminal and civil liability of connection platforms. His expertise makes him a recognized lawyer, especially since his main interventions against an American VTC platform, another French one, furnished tourist platforms (Airbnb, Abritel, etc.) have made it possible to bring out and highlight uberization practices.
Many trades (temporary employment, hospitality, transport) request its services in order to take legal action aimed at enforcing compliance with the regulations in force. In the case that concerns us here, Master Jonathan BELLAICHE took charge of Mr. Noham’s file because he noted a notorious phenomenon of uberization in the field of clairvoyance. The status of employees and the qualification of clairvoyance platforms raise questions. Because according to Maître BELLAICHE “everything relating to digital platforms concerns the general interest”. Millions, even billions of people are affected and affected. He considers that “the world of clairvoyance is quite interesting”. There is much to be done because “many practices are dangerous, to the detriment of both the consumer and the worker”. This is the case of Mr. NOHAM, working on behalf of the Kang company. He had officially held the position of independent worker since August 2013 but was in fact treated as an employee, subject to numerous constraints and without benefiting from the advantages linked to his position. The lawyer who defends Mr. Noham hopes that the workers who work on these platforms can come forward and highlight the great precariousness in which they operate. “The play of supply and demand will lead people in great precariousness to accept the rules that will be imposed on them as obligations.” This precariousness will lead to the further precariousness of their already degraded situation. The daily pressure linked to performance and in particular to the number of calls received, connection time, ranking, etc. are all elements which are constantly reminded to the professional so that he produces even more. Since the Kang company was singled out by the URSSAF for not having paid VAT, the company has passed this amount on to the salaries of professionals, which now went from 50 to only 33%. Not to mention that the number of free customer calls they are required to take on a daily basis is constantly reminded even if their schedule is sufficiently complete. Mr. Noham acknowledges having worked a lot supporting his clients through divination while showing them a certain humanity and kindness despite the pressure he was under regarding performance. He showed unfailing investment despite the harmful working environment. » However, Mr. Noham has never had the privilege of signing any contract with the Kang platform. Those in charge were careful not to tell him everything orally. And the reason for dismissal given also turns out to be fallacious. Today, he is asking for his contract to be reclassified as a permanent contract.
In conclusion, when a company intentionally violates the law in force, this poses a problem. It is therefore imperative for public authorities, in this case the supervisory ministry, to take decisive measures against clairvoyance platforms which knowingly choose to deliberately violate the law and regulations in force. This situation raises serious concerns and highlights the obscure practices often hidden, due to the lack of control and surveillance of clairvoyance and related activities, which harm a large number of our fellow citizens. Yamina GUEHAM
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