The obligation of vigilance

THE OBLIGATION OF VIGILANCE OF THE PRINCIPAL

Elyfec offer you a complete assistance mission to the clients and the project owner by proposing the intervention of a team of specialists in European law and the provision of a dedicated IT tool.
Due to the multiplicity of situations and the complexity of procedures, litigation prevention requires personalized, rigorous and systematic support.
Our missions are intended to :

• Project owners from construction operations or building rehabilitation
• Industrialists employing external service providers in the context of setting up new equipment.
• Companies who want to control the risk of hidden work or illegal work with their subcontractors

If you are the principal or master of works and you have a subcontractor , you must require :

• a document attesting to the registration of your subcontractor ( extract K bis or directory of trades ),
• vigilance certificate issued by the URSSAF,
• The concept of vigilance is assessed as a whole : in case of control of Urssaf, the inspector will ask you to present all these supportive documents

In case of sanction, you are likely to be prosecuted and sentenced to pay the taxes, fees, contributions, remunerations and other charges of your subcontractor.

OBLIGATION OF REINFORCED VIGILANCE

Since 1 July 2017, new rules are intended to combat fraud against the employees of detachment by strengthening the obligations of building owners and principals when they use a provision of international services. They are of 4 types :

• Verification of the advance declaration of secondment to the labor inspectorate, with a copy of this declaration.
• On construction sites or civil engineering category 1, the client must inform the detached employees of French regulations labor law (in the official language spoken in each of the states belonging the employees) through posting.
• every employee is given an information document (written in a language understandable by the employee ) and a professional identification card
• When a seconded employee is the victim of an industrial accident , a declaration is made to the labor inspectorate .

The failure by the principals or project owners of obligations prior detachment statement, statement of seconded employees work accident or regulations display now imposed an administrative fine of € 2,000 per detached employee and no more than € 4,000 in case of reiteration within one year from the date of notification of the first fine.
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Regulatory References :
Labor Code article L8222-1, L8254-4, L1264-1
Decree 2017-825 of May 5, 2017 and order of July 12, 2017
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