Seconded workers and the fight against clandestine employment: the bailiff's statement of facts

As part of the fight against concealed work, or the fight against secondment fraud, the legislator has laid down a number of obligations for public works contractors. These include mandatory postings on building sites. Our study can attest to the reality of the penalties for failing to post notices by a report on notices relating to the fight against undeclared work and secondment fraud.
The interest of the bailiff's statement of facts posted workers 

 

The obligation to post notices for companies working on a building site:

Article R 8221-1 of the Labour Code reads as follows: "The contractor working on a building site for which a building permit has been issued shall display on this site, for the duration of the display of the permit, his name, reason or company name and address
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The posting shall be made on a sign legible from the public highway. »

From then on, it is up to the contractor to post, legible from the public highway, a sign indicating the name of each of the companies working on the site. This is all the more understandable as this measure is a measure to combat illegal employment: it was taken so that a labour inspector can quickly obtain the contact details of all the companies working on a building site so that he can check them.

It is extremely important to be able to provide proof of the installation of this sign, insofar as failure to comply with the obligation to display the sign provided for in Article R. 8221-1, is punishable by the fine provided for 5th class fines, i.e. 1500 euros, or even 3000 euros in the event of a repeat offence.

Thanks to the bailiff's report, you can justify the installation of the billboard from the first day of the construction site.

reporting bailiff

 

The posting of the rights of posted workers

In addition, project owners on major building or civil engineering sites (sites with more than 1,000 men per day) using seconded employees have a new posting obligation.

Thus, since 1 July 2017, the project owner will have to display certain information relating to the labour law applicable in France.

This sign, which must be translated into one of the official languages spoken in each of the States to which the employees seconded to the site belong, must also be displayed in the changing room and be kept in a good state of legibility.

It must specify the applicable French regulations concerning :

  • the duration of travail ;
  • the salary minimum ;
  • the hébergement ;
  • fall prevention from hauteur ;
  • individual equipment obligatoires ;
  • the existence of the right of withdrawal.

The fine in the event of the absence of this display is 2,000 euros per seconded employee, with a ceiling of 500,000 euros!

Thanks to our bailiff's report, you can justify the obligatory posting, and its translation into the languages of each of the countries to which the employees seconded to the site belong.

reporting bailiff