UNDECLARED WORK/INSOLVENCY ORGANIZATION
This criminally reprehensible offense is the total or partial concealment of activity.
As with a conflictual divorce, one of the spouses can claim a loss of income and hide some of it to avoid paying alimony. In this case, we can speak of an insolvency organization.
When you are an employer and you realize that your employee who is on sick leave is working for one of your competitors. In addition to undeclared work, providing proof of these criminal acts can lead to proceedings against the competitor that has completely concealed the employee’s activity. In addition, an action for unfair competition may be undertaken.
There are many benefits for proving undeclared work.
First of all, it is a question of defending one’s interests before the competent jurisdictions, but also of obtaining compensation for the prejudices suffered.
All IRYS private detectives are therefore able to offer the most suitable solution for obtaining the evidence required for any legal action.
Most often, a surveillance and shadowing proving the recurring offence, punctuated by the intervention of a judicial officer such as a bailiff is a formidable process.
The role of the private investigator in matters of undeclared work is a real asset for the client.
In the private sector, these practices are generally found in construction, restaurant or transportation companies.
Far from being left out, the public sector is also concerned. Indeed, many civil servants manage to free up time to illegally hold a second job.
For the employer, undeclared work is a fraud against the social and economic public order.
An employer found guilty of undeclared work is therefore liable to penal sanctions in addition to administrative sanctions. These sanctions can be civil, administrative and penal. The URSSAF can request a regularization of social contributions of up to 300 times the guaranteed hourly rate.
For a company manager, hiding his income under articles L 613-2 and L 613-4 of the Social Security Code is often a question of fraudulent organization of insolvency in order to evade one’s obligations (payment of a compensatory benefit, URSSAF declaration). This act is punishable by imprisonment and/or fines.
For the employee, the person often receives unemployment benefits or social benefits at the same time as the income from the undeclared work. The employee may also be dismissed for serious or gross misconduct.
These sanctions will therefore result in a withdrawal of their financial benefits as well as a criminal sanction for fraud and a financial penalty.
WHY PROVE UNDECLARED WORK
Undeclared work is a form of unfair competition. An investigation to find proof of undeclared work can be initiated by the employer who wishes to verify if his employee is working for his own account, for a competitor or during a sick leave. Or a former employer may wish to verify if his ex-employee is engaging in unfair competition in a concealed manner. In this case, the employer who pays the non-competition clause can claim indemnities.
Proving undeclared work allows the employer to obtain damages. Proof of undeclared work also allows you to legally protect yourself from your employee’s actions.
The role of the IRYS private detective assigned to your case is to verify whether your employee is engaged in undeclared work during or after work at you company, but also to ascertain whether your employee on sick leave is engaged in another professional activity. In this case, it is a matter of demonstrating an abusive sick leave, and finally the private detective’s intervention is completed by a report made by a judicial officer.
Our mission is to carry out surveillance and shadowing of civil servants or employees who are illegally engaged in undeclared work.
It’s important to know that undeclared work is mostly performed during sick leave or vacations.
Concerning the undeclared work of a former employee, it is very likely that an administrative investigation would be necessary and complementary to surveillance and shadowing.