France: property developer sentenced for illegal posting of workers
The property developer Promogim has been sentenced for having collaborated with a Polish subcontractor illegally posting workers in France. It is the first time it happens in France in the construction sector, exactly when posting of workers is one of the most intensely debated and sensitive issues at EU level.
The Court of Appeal sentenced the company Chambéry Promogim to a fine of €210 000 for "complicity in illegal work" in a judgment dated November 7, 2013.
This is the first time a client is convicted of the shares of its subcontractor. This decision could hopefully set a precedent in the fight against exploitation of migrant workers.
"With this ruling, the owners can no longer blame subcontractors. Now they know that they are concerned by the misbehaviours of their subcontractors" said Renaud Collard Soucy , President of BTP74 .
Promogim was sentenced for a 43 yard housing in Pringy (Haute-Savoie), led by one of its subsidiaries.
In 2007, the tender was assigned to the Turkish company Pala , for a very low price. This explanations of these ultra-competitive price are now clear: work was subcontracted to a Polish company, Manualis, posting its Polish workers to France with a Polish salary and in bad safety and hygienic conditions.
Since 2011 Franch law includes a system of joint and several liability for subcontracting.
Building in 2013 is the sector with the highest number of posted workers, concentrating 42% of working days of posted workers in France.