An employee’s declaration to Urssaf is mandatory, otherwise it is concealed work. Thanks to this, he is particularly protected in the event of a work accident and this allows him to access all his social rights. Failure to declare an employee is severely punished by law. According to Prime Minister Gabriel Attal, adjustments for “illegal work” reached a record level in 2023 and this is expected to continue in the following years. It is therefore very risky to resort to hidden work, both for the employee and for the employer, who risks several tens of thousands of fine euros.
Hidden work: what are the risks for the employees if they are not declared to theUrssaf ?
An employee who exercises a “illegal work“takes a lot of risks and above all, he loses a lot. Not being declared to Urssaf means being deprived of his social rights because there are no social contributions: “Illness, work accident, Family allowances, retirementunemployment, vocational training…” are concerned, recalls Urssaf on its website. An undeclared worker will also have difficulty justifying his activity to France Travail, but also to the health insurance fund. The worker will also not be able to benefit from the company’s mutual insurance and will find it difficult to declare his taxes. Overall, hidden work does not present any positive points for the worker.
What risk does an employer take to make someone work without authorization? What sanctions are planned?
An employer who voluntarily decides to use hidden work is playing big. “Hidden work represents a real disturbance to the social order whose detection, sanction and repair respond to an imperative of social justice“, recalls Urssaf. Thus, the concealment of activity or the employment of employees is severely punished by penalties at the criminal, civil and administrative level, and the three are cumulative. Administrative sanctions for an employer who does not declare not its employees range from the removal of public aid to the partial closure of the company Criminal sanctions are also provided for with a fine of up to 45,000 euros, or even a fine of 225,000 euros if it involves. a company, therefore significant financial consequences for the company. A ban on the employer may also be imposed.
How to do For denounce a hidden work situation in France?
If you notice that a person or company is employing other people “under the table” then you have the possibility of informing the authorities. To do this, you can contact either the labor inspectorate, the tax center attached to the location of the company or even file a complaint. The ideal is to have the address of the company, the identities of the employer and the worker but also potentially the position occupied.