The Caen Court of Appeal has released the Vire Normandie cleaning company
By Editing Vire
Published on
This Monday, March 7, 2022, the Caen Court of Appeal acquitted this company prosecuted for “execution of concealed work” in Vire Normandie (Calvados), company headquarters, between April 2012 and October 2017.
Netto-Décor Propreté, which employs over 800 people mainly en Normandyhad been sentenced to a fine of €5,000 at first instance.
Its historic leader had been sentenced to €1,000 fine by the Caen Criminal Court in July 2019. He was also acquitted by the second judges.
Urssaf control
For the record, this company had been the subject of an accounting audit by the URSSAF. This revealed that a service contract had been set up with a former employee of the company from 1991 to 2012.
The man, who had not been replaced after his retirement, went once a week to the company’s headquarters for the maintenance of the sweeper, made available to him for his road cleaning operations.
For the defendants, the “permanent relationship of subordination” with this subcontractor, which had stopped its activity after the control of the URSSAF, did not exist.
“We are talking about a real legal arrangement to escape the contributions of course and to free ourselves from all the rules of labor law”, thundered the lawyer for the organization, during the hearing last January.
€200,000 in contributions
The lawyer for the opposing party recalled that the company, “which has existed for decades”, declared more than €200,000 in contributions. She specified that the former employee had created his self-employed status prior to the signing of the subcontract.
Seeing “a caricatural pseudo-contractual framework”the Advocate General had requested confirmation of the manager’s first sentence and an increase in the amount of the fine for the legal person, up to €7,500.
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