Lawyer for undeclared work or illegal lending of manpower

Are you a victim of undeclared employment and wish to assert your rights? Are you an employer and wish to defend yourself against accusations or prevent any risk of litigation related to undeclared work or illegal lending of manpower? Our firm supports you at every stage, whether you are an aggrieved employee or a company under investigation.

We have a team of experienced lawyers in social law and criminal business law to ensure your defense in the event of legal proceedings. Whether it is to contest the facts or demonstrate the damages suffered, you can count on our expertise. Our specialists also help companies secure their practices by implementing compliant internal procedures.

Constituent elements of undeclared work or illegal lending of labor

The supply of labor is a common practice in companies seeking to address problems of lack of internal skills. This work organization, often linked to networked work, can however be problematic when it circumvents certain legal rules. The Labor Code and the Penal Code strictly regulate this use of external labor in order to avoid abuses. Indeed, they retain two offenses, notably undeclared work and illegal lending of labor.

The illicit lending of labor is defined by Article L.8241-1 of the Labor Code as a for-profit operation whose exclusive purpose is the provision of personnel. In other words, when the main activity of a contract relies solely on lending employees in exchange for remuneration, the practice becomes illegal. The profit-making nature and the absence of any other contractual purpose are sufficient to characterize the offense.

On the other hand, certain structures are authorized to legally practice employee lending, notably temporary employment agencies, portage salary companies or licensed modeling agencies, etc. These structures benefit from a legal framework allowing them to offer this type of service.

Outside these cases, any operation meeting the following three criteria is prohibited:

• an effective loan of employees;
• a contract whose sole purpose is this loan;
• a search for financial profit.

In parallel, undeclared work, also called black market work, refers to any professional activity not declared to social organizations. This includes, for example, the lack of company registration, non-compliance with mandatory declarations related to hiring, or the use of disguised statuses. Undeclared work deprives the employee of their rights and constitutes a fraud that is criminally sanctioned.

In both cases, sanctions concern both user companies and suppliers of labor, whether legal entities or individuals. Anyone who knowingly facilitated the operation may also be considered an accomplice. The offense is even more serious if it affects several employees or vulnerable persons. If you are affected by a situation of undeclared work or illegal lending of labor, contact our firm to benefit from appropriate legal advice and effectively defend your interests.

Lawyer to defend employers accused of undeclared work or illegal lending of manpower

Being accused of undeclared work or illegal lending of workers can have very serious consequences for an employer. These offenses are severely punished by law, with penalties ranging up to ten years of imprisonment and fines up to €225,000. For a company, the financial risk is considerable, especially with URSSAF adjustments and surcharges that can reach 60% in case of repeat offense.

In addition, there are supplementary penalties, such as the prohibition to practice, exclusion from public procurement or confiscation of equipment. In such a context, it is essential to organize your defense strategically and rigorously to limit the consequences. This requires the support of your experienced lawyer in handling cases of illegal work or illicit lending of manpower.
From our intervention, we help you analyze the alleged facts to determine whether the qualification of an offense is truly justified. In any case, we seek the necessary means to demonstrate the absence of fraudulent intent. When the situation allows, we aim to establish that the activity was not exclusively aimed at providing personnel or that the subordination relationship did not exist.

Even before any court appearance, we intervene to prepare the substantive arguments and gather the necessary elements for your defense. We can also initiate amicable negotiation with the parties concerned, whether the employee, URSSAF or the labor inspectorate. This solution can, in some cases, avoid a long and costly judicial procedure and significantly limit sanctions.

We always prioritize the most advantageous solution to protect your interests, your finances, and your activity. If litigation cannot be avoided, we represent you before the labor court or criminal courts depending on the nature of the case. We assist you in all phases of the procedure to convince the judges of the complexity of the situation or of your good faith.

Assistance des employés victimes de travail dissimulé ou prêt illicite de main-d’œuvre

If you have worked without a declared contract or in a user company without a clear legal link, you are considered a victim. In this type of situation, you are not at risk of prosecution, but you have five years after the end of your work to act and assert your rights.

It is therefore essential to gather the necessary elements for your defense, in particular:

• testimonials;
• email exchanges;
• schedules;
• pay slips, etc.

These pieces of evidence allow you to request a regularization of your situation and an official recognition of the harm suffered. You must also pay attention to your status with social organizations. In case of willful concealment, additional sanctions may apply, such as reimbursement of unemployment benefits or removal from public aid. Faced with these challenges, we support you in building a solid case and defending your interests.

Our professionals take the necessary actions on your behalf to establish your employer's liability. To achieve this, we file requests before the competent courts to obtain damages, the regularization of your situation, and, if necessary, the reclassification of your contract.

In the context of a whistleblowing, we ensure that you are protected against any retaliatory measures. If you are threatened or dismissed for reporting a situation of undeclared work or illegal lending of manpower, we intervene quickly to have these abusive decisions annulled. We also help you regularize your situation with Social Security, URSSAF, or Pôle Emploi, in order to avoid unfair penalties.

When relevant, we can also request the reclassification of the facts as the offense of illegal contracting, an even more serious offense, provided for by Article L.8231-1 of the Labor Code. This makes it possible to demonstrate that the maneuver had the effect of depriving you of your rights or circumventing legal protections.

Support in preventing undeclared work or illegal lending of manpower

As you will have understood, employee lending and undeclared work present significant legal risks for companies that ignore the applicable rules. In case law, judges rely on specific indicators to determine whether a loan is lawful or not. They examine in particular:

• the purpose of the contract;
• the equipment used;
• the management power exercised;
• the method of remuneration.

The slightest mistake in the organization can tip the service into illegality. To avoid any risk, you must ensure that the mission entrusted to the lending company could not have been carried out by your own means. If this is the case, the operation is generally considered a prohibited loan of labor. It is also imperative that the original company provides its own equipment and retains its authority over the employees.
To secure your practices, it is best to be accompanied by a specialist. In our firm, we have lawyers capable of assisting you in all procedures. If you plan to make an employee available to a third party, we help you inform the employee and draft a precise agreement with the beneficiary company.

We also guide you in informing the CSE, especially if the position in question involves safety risks. At each stage, we ensure respect for the law and clarity of everyone's obligations. Our professionals also ensure the drafting or updating of your employment contracts, incorporating specific clauses.

We define with you the conditions, duration, terms of billing and the limits of the control exercised. Thanks to our experience, we identify weaknesses and offer you concrete solutions to correct them. This approach not only helps prevent disputes, but also avoids administrative sanctions and criminal penalties related to undeclared work or illegal lending of labor. If you wish to prevent any legal risk, contact our lawyers.