Accueil > Entreprises > Employee monitoring > Hidden work
Hidden work has several names :
Concealed work.
In France, this offense is heavily sanctioned. It is :
total or partial concealment of activity.
For example, during a conflictual divorce, one of the spouses may conceal his income to avoid obligations to pay support. We can also speak of an insolvency organization.
When you are an employer and you notice that your employee on sick leave is working for one of your competitors.
Beyond the hidden work, providing proof of these criminal acts can lead to proceedings against the company having completely concealed the employee’s activity. In addition, an action for unfair competition may be taken.
There are many interests in proving a concealed work. It is first of all :
defend its interests before the competent courts.
It is therefore for all the private detectives of the Prometheus Group to offer the most suitable solution to obtain the evidence necessary for any legal action.
Most often, surveillance and monitoring proving the recurrence of the offense punctuated by the intervention of a Ministerial Officer such as a Bailiff is a formidable process.
The role of the private detective in matters of concealed work is a real asset for his customer.
Hidden work in France is the subject of 25 billion euros in damages to tax revenues.
It is more precisely the concealment of economic activity. It should be noted that concealed labour fraud affects all public and private activities.
Can be considered as concealed work:
According to Section L. 8221-5 of the Labour Code, concealed labour is an offence if it is intentional.
The concealed work penalty is for:
In the private sector, there are usually construction companies, catering sectors, transportation sectors that have hidden work activities.
In the public sector, it should be noted that this sector is also concerned. Indeed, many public servants manage to free up time for a second job illegally.
For the employer,concealed work is a fraud ed.
An employer convicted of concealed labour therefore faces criminal penalties in addition to administrative penalties. The criminal penalties are imprisonment for 3 years for the offending leader and a fine of 45,000 euros for the self-employed and 225,000 euros for legal entities.
In addition, sanctions can be civil, administrative and criminal. The USSRAF can request a regulararistaion of social cottisations and up to 300 times the guaranteed horrifying rate.
For a business manager concealing his income under sections L 613-2 and L 613-4 of the Social Security Code. It is often a fraudulent insolvency organization to evade its obligations (Payment of a compensatory benefit, USSRAF declaration). This act is punishable by 3 years’ imprisonment and 45,000 euros in fines.
For the employee, it is common for him to receive unemployment benefits or social benefits at the same time as the gain from hidden work. He is also at risk of dismissal for gross or gross misconduct.
Its penalties will therefore be a removal of the aid paid to it as well as a criminal penalty for fraud as well as a financial penalty.
Concealed work is a form of unfair competition. An investigation to provide evidence of concealment work can be dilligent by:
Proving concealed work allows the employer to obtain damages. Evidence of concealed work also helps to protect you legally from your employee’s actions.
The role of the Prometheus Group private investigator assigned to your case is to:
Our mission will be to carry out surveillance and spinning on public officials or employees illegally engaged in concealed work.
It is important to know that a hidden job is mostly done during a sick leave or during holidays.
Regarding the concealed work of a former employee, an administrative investigation is complete to surveillance and spinning.
The appointment is made by a licensed private investigator of the Prometheus Group:
This appointment is neither paid nor time-limited.
The private investigator will take the time necessary to listen to you in order to gather all the information necessary to put in place a strategy tailored to your needs.
The strategy will be offered to you based on the information received,the type of mission and the location where it should be carried out.
However, the strategy will be:
This strategy will be offered to you via a mission mandate containing different otpions.
Once the proposed warrant has been duly signed, the private investigator assigned to your investigation will work with you to:
Then the mission will be carried out in accordance with the laws in force. During the mission, the private investigator responsible for carrying out the mission will keep you informed of the progress of the mission.
An investigation report will be provided at the end of the mission.
That will be:
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