I The National Institute of Divinatory Arts (INAD) was recently notified of a complaint from Mr. Nathaniel, a particularly documented complaint calling into question the Ideal Voyance platform, operated by the company SATYNA SA. The documents transmitted: contract, exchanges with support and other elements, deeply question the real place occupied by this platform in the organization of the work of self-employed people.
The contract is, however, unambiguous: the practitioner is presented as an independent professional and “the contract excludes any relationship of subordination”.
But upon reading the contract and the elements communicated to INAD, a question arises: is independence only displayed on paper or does it really exist in fact?
Recruitment worthy of a company Before even joining the platform, the candidate must pass an evaluation period. The contract expressly provides that SATYNA SA reserves the right to subject practitioners to aptitude tests before any collaboration.
Selection, validation, trial period… These mechanisms are more reminiscent of a recruitment process than a simple commercial relationship between two independent professionals.
Independence… under conditions The contract states that the practitioner exercises his activity freely.
However, it also provides that SATYNA SA can unilaterally modify the applicable rules by means of an amendment. If the practitioner refuses these new conditions, he can no longer practice on the platform and his contract may be terminated.
Can we still speak of a negotiation between two independent companies when only one party decides the rules of the game?
A contradiction difficult to ignore The contract also indicates that the company has no influence on the content of the consultations, which are the sole responsibility of the practitioner.
However, according to the elements transmitted to INAD, instructions were given concerning the manner of conducting the consultations, their duration and the expectations of the platform vis-à-vis the consultants.
If these facts were established, they would raise a major contradiction: how can we claim not to intervene in the content of the consultations while guiding the way in which they must be carried out?
A disciplinary power that questions The contract also authorizes the company to terminate the collaboration, particularly in the event of “excessive criticism” or “non-respect towards the Company”.
This writing raises several questions.
What is “excessive criticism”? Who sets the limits? Can a practitioner freely contest a decision or denounce a malfunction without fear of losing his activity?
These clauses resemble the exercise of disciplinary power more than a balanced relationship between two independent professionals.
Legal qualification does not depend on words It is essential to recall a fundamental principle: it is not the contract which determines the nature of an employment relationship, but the real conditions in which it is executed.
When a company selects professionals, sets operating rules, controls services, imposes procedures,unilaterally modifies the contractual conditions and ends the collaboration due to the behavior of the service provider, the question of the relationship of subordination cannot be dismissed from a simple contractual paragraph.
It will naturally be up to the competent authorities, if requested, to assess these elements.
INAD calls for greater transparency The objective of this article is not to designate a guilty party before any court decision. On the other hand, it is our responsibility to alert when practices reported by practitioners seem to deviate from the model of a simple networking platform.
The divinatory arts are based on trust, the independence of practitioners and respect for their professional freedom.
When a platform claims a model based on independence while exercising, according to the elements brought to our attention, significant control over the organization and the working conditions of its practitioners, this situation deserves a real debate.
The INAD, in conjunction with the sppad Professional Union of Divinatory Arts - will continue the analysis of this file and will continue to defend an ethical, transparent practice that respects the rights of professionals and consultants.
Share your point of view in a respectful and constructive spirit.