What is Undeclared Work?
Undeclared work is illegal work, formerly known as clandestine work. Today, it is referred to as “moonlighting” or “off-the-books work.” According to the Labor Code, undeclared work can manifest in different ways:
- Total or partial concealment of an activity (Article L. 8221-3 of the Labor Code);
- Total or partial concealment of salaried employment (Article L. 8221-5 of the Labor Code).
Fraud related to undeclared work affects all public and private activities. The loss generated by this fraud represents 11% of the GDP, which amounts to nearly 25 billion euros in losses for tax revenues.
Who Has the Right to Conduct an Investigation for a Dispute Related to Undeclared Work?
A public administration, a local authority, a natural person, or a legal entity, believing they have suffered direct damage related to a situation of undeclared work, can call on the services of a private detective to defend their interests.
What Are the Possible Interventions of a Detective in a Case of Undeclared Work?
A private detective can intervene in the context of suspected undeclared work by implementing strategic means such as administrative investigations and field investigations. The investigator acts legally and reasonably. They can thus highlight an illegal professional activity carried out by an employee during their sick leave or vacations, social fraud due to undeclared salaried activity to social benefit organizations, or reveal a situation of unfair competition marked by the non-declaration of employed staff.
Why Hire a Detective in a Case of Undeclared Work?
An investigation conducted in strict compliance with current legislation, particularly concerning privacy, allows for legitimate action by the person or company harmed. Thus, an employer who has suffered direct damage due to proven undeclared work can, thanks to the private detective’s report, request the regularisation of their situation at the Labor Court and possibly claim a lump-sum compensation. The employee, for their part, may face a tax adjustment and criminal penalties.
How Much Does the Intervention of a Detective Cost to Prove Undeclared Work?
Hiring a detective agency to prove undeclared work has a cost. This cost generally ranges between 1000 and 3000 euros excluding VAT. It is a long-term investment that will benefit the employer. Since each case is unique, feel free to contact us. We will provide you with a tailored quote (see “Rates“).