This March 17, 2021, the Montpellier Court of Appeal confirmed the conviction of a bar manager who, for a day’s work of an undeclared server, received an Urssaf adjustment of … 5,480 euros.
The company manager has always recognized his error, and explained that he had to urgently provide for the replacement of an employee who had let go at the last minute and had not had time to make the declaration. hiring. A “right to make mistakes” which can be explained even more for a TPE manager. And it was proved that the employee had only been there for a day, which the establishment’s video surveillance could attest.
If he expected a fine, the bistro manager surely did not expect it to reach the amount of 5,480 €, flat-rate taxation decided by Urssaf.
As this is a proven case of concealed work, the manager has suffered other additional penalties: removal of exemptions, non-issuance of the certificate of vigilance, increased late payments, etc.
Even the Urssaf Amicable Recourse Commission (Urssaf’s own pharmacy) had recognized that the organization had pushed the plug a little further. But this advice had not been followed.
François Taquet, lawyer, specialist in social law, considers this type of decision intolerable: “that companies which act in this way are called to order and penalized, it is normal. But that the sanction is also disproportionate, it harms the company as much as the image and the acceptability of Urssaf ”.
He asks that a reflection be carried out on the definition of concealed work and its sanctions, which include graduations.