Criminal social law

The noncompliance of the provisions of social law frequently constitute a criminal offence for which there is both a risk of payment of administrative or criminal fines, as well as penalties of incarceration for the most serious offences.

A growing number of regulations is subject to criminal prosecution, and in particular those concerning :

  • the temporary employment and the  outsourcing of workers
  • the undeclared occupation of workers
  • the occupation of illegal foreign workers
  • the health, safety and welfare of workers
  • the (ethical and/or sexual) harassment and discrimination at work
  • the payment of salary
  • the part-time work (publicity of timetables)
  • the establishment of terms of employment
  • the international occupation of workers

The Law firm Gaillard, Delwiche & Degouis assists the employers when their penal responsibility is questioned by the social inspection or the Labour Inspectorate. A social audit may also be done in order to evaluate the risk of offences.