Illegal employment & related penalties

What is the illegal employment?

Illegal employment is:

  • The employment of work force without declaration to the authorities.
  • The illegal loan of work force.
  • The illegal addition of employments.
  • The employment of illegal foreigner (without work permit).
  • The false declaration (of unemployment) to received subsides.

Warning! In case of outsourcing agreements, the company subcontracting has the responsibility to insure that the subcontractor company has declared its employees. Otherwise the subcontracting company can be considered an accomplice of the illegal employment.

What are the penalties?

The penalty for illegal employment is of 3 years of imprisonment and a 45 000€ fine for an individual. The fine is increased to 225 000€ if the offender is a company.

The penalty is increase to 5 years of imprisonment and a 75 000€ fine in case of illegal employment of an underage.

The penalty for the illegal loan of work force is of 2 years of imprisonment and a 30 000€ fine for an individual. The fine is increased to 150 000€ if the offender is a company.

The penalty for the employment of illegal foreigners is of 5 years of imprisonment and a fine of 15 000€ per foreigner. If the offender is a company, the imprisonment applies to the CEO and the fine is increase to 75 000€ per foreigner.

Additional penalties.

Some penalties can be added:

  • The offender can be banned of some professional activities.
  • The offender can be excluded of public businesses.
  • The judgement can be published in the newspaper and on the official black list.
  • Forfeiture of civic, civil and family.

Administrative penalties.

Administrative penalties can be added to the penal ones. They are the following:

  • Cancellation of all subsides and public financial helps.
  • Reimbursement of all subsides and public financial helps already received.
  • Administrative closure.

Source
Public services: https://www.service-public.fr/professionnels-entreprises/vosdroits/F31490

 

Do not hesitate to contact FPExpert if you need more information, by email to the following address:

contact@frenchpayrollexpert.fr

You can also call us on Skype :

Or you can use our contact form by clicking here.