Major inspections announced by the Ministry of Labour
The announcement ( published on the Ministry of Labour website )
A directive from the Ministry of Labour provides for the deployment of a major control plan for applications for partial activity.
The main objectives stated
Tracking down fraud: the main targets are:
- The partial activity placement of employees who continued to work (particularly within the framework of teleworking);
- Intentionally inflated refund requests.
Correcting errors : primarily targets companies that, in good faith, made errors in providing information on their compensation claims, which led them to receive either larger or smaller sums than they should have received.
The potential consequences of these checks
The withdrawal of decisions authorizing the use of the partial activity or compensation scheme
The authorization or compensation decision may be withdrawn by the administration, particularly when the use of the partial activity scheme is considered illegal:
- Risk of having to repay all or part of the benefits received under this scheme.
In case of fraud
Furthermore, in cases of fraud (which presupposes that the intentional element is established):
- the pronouncement of an administrative sanction : exclusion for 5 years from the benefit of certain public aid, reimbursement of public aid granted over the 12 months preceding the sanction;
- even criminal sanctions : up to 2 years imprisonment and a fine of 30,000 euros.
In the event of an error made in good faith when providing information on compensation claims (wrongly increased or decreased)
Amicable settlement within the framework of a dialogue with the Direccte :
- If the company is acting in good faith , it may benefit from a regularization of compensation claims, either amicably or through a repayment procedure.
