Important controls announced by the Ministry of Labor
The announcement ( published on the website of the Ministry of Labor )
An instruction from the Ministry of Labor provides for the deployment of an important control plan for requests for partial activities.
The main stated objectives
Tracking fraud: the main targets are:
- The partial activity of employees who have continued to work (particularly in the context of teleworking);
- Intentionally inflated refund requests.
Rectify errors : this mainly targets companies which , in good faith , have made errors in the information on their claims for compensation which have led them to receive sums either greater or less than those which they should have received.
The possible consequences of these checks
Withdrawal of decisions authorizing recourse to the partial activity or compensation scheme
The authorization decision or the compensation decision may be withdrawn by the administration, in particular when the use of the partial activity scheme is considered illegal:
- Risk of having to repay all or part of the allowances received in this respect.
In case of fraud
In addition, in the event of fraud (which presupposes that the intentional element is characterized):
- 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;
- or even criminal sanctions : up to 2 years' imprisonment and a fine of 30,000 euros.
In the event of an error in good faith in the information of the claims for compensation (wrongly increased or reduced)
Amicable regularization within the framework of a dialogue with the Direccte :
- If the company is in good faith , it will be able to benefit from a regularization of the claims for compensation, amicably or by repayment procedure.
