The Saint-Martin border police services carried out construction site inspections which revealed violations of labor law (lack of display, offenses health and safety rules workers, concealed work) and the law of foreigners (employment of foreigners without a title).
Mon at SAVANNE on a private site on January 9, 2018, with 3 undeclared employees, including one Haitian and the other from Ste Lucie.
The entrepreneur is sent back, with the client, to the criminal court in Saint-Martin on April 19.
The other January 15, 2018, in Terres Basses on a house reconstruction site, with a construction company based in Sint-Maarten and managed by a Frenchman banned from managing in France following his conviction for bankruptcy, with 3 foreign employees not declared and not authorized to work in France (2 from Guyana and 1 Switzerland), this same company having been again controlled in Marigot (towards the Grand Saint-Martin) on a dwelling house on January 18, 2018 with 3 other employees of Guyana not allowed to work in France (In addition, there have been violations of occupational safety.)
The manager will soon be summoned to court when the investigations into the responsibilities of the client and the client are completed.
The vehicles used on these two operations were seized with a view to their confiscation.
What the law says…
In partnership with the services of the Collectivity (Urban Planning), in the framework in particular of the committee of environmental and urban planning police (COPOLENU, whose second working meeting setting control objectives took place on January 17 in the presence of the Prefect GUSTIN, Mrs. LAUBIES and Mr. FINIELZ), the search for hidden work and the employment of foreigners without titles will be systematically coupled with a verification of the conditions of reconstruction (declaration of works or building permit, compliance with the PPRN) and formal notice orders to stop the work if necessary.
The criminal liability of subcontractors and clients who do not check the regularity of the company and the employees they use is systematically sought, as is the General Social Security Fund ( CGSS) will implement financial solidarity on its side.
Indeed, the labor code sets out an obligation of vigilance for the contracting authority or the principal, and imposes prior verifications at the time of the conclusion of a contract, even as a subcontractor, and particularly with the foreign labor, and thus to check the conditions of secondment and the regularity of the declaration of hiring of the employees who will intervene on its behalf. (articles L1262-4-1, L 8221-6, D8254-1 ...)
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