Is deemed undeclared work by

This decision provides important insight into your property law. Here is what it changes for you.

The situation

Concealed employment by concealment of activity is deemed to exist, within the meaning of Article L. 324-10, which became Article L. 8221-3 of the Labour Code, where any person, evading their obligations, carries on a profit-making activity of providing services or performing commercial acts without having applied for registration in the trade directory (répertoire des métiers) or, in the departments of Moselle, Bas-Rhin and Haut-Rhin, in the business register (registre des entreprises) or the trade and companies register (registre du commerce et des sociétés), where such registration is mandatory. The Court of Appeal was justified in its decision when, in order to declare a defendant guilty of concealed employment, in his capacity as director of a taxi company and operator, it held that the transport services he provided under a set of specifications imposing various obligations relating to the luxurious nature of the vehicles used, the presentation of the drivers, the organisation of journeys, working hours and pick-up locations, constituted the operation of chauffeur-driven cars (voitures de grande remise), an activity distinct from the main taxi activity, which should, as such, have been registered in the trade and companies register or in the business register established in the departments of Moselle, Bas-Rhin and Haut-Rhin, by application of Articles L. 123-1 et seq., R. 123-32 et seq. of the Commercial Code, 19 et seq. of the Act of 5 July 1996 and 7 et seq. of the Decree of 2 April 1998.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly comply with the statutory time limits for appeals
• Keep all your supporting documents (deeds, instruments, correspondence)
• Be proactive: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.