Detachment : the real estate developers taclent regulation

The Federation of property developers (FPI) believes that the law imposes too much responsibility on the owners in terms of the fight against the posting of illegal employees.
A decree of may 5, just increased the responsibilities of the project owner in the framework of the fight against fraud to the detachment. From the 1st of July next, they shall, in particular, verify that no worker is employed illegally on their operations and at the level of each link in the chain of subcontracting.


“This decree is included in the extension of the Law known as ‘the Artist’, who asked, as of 2014, the principle of liability, in fine, of the employer”, explains Batiactu a responsible officer of the REIT. As a reminder, the employers ‘ organisation had filed an appeal against this principle of joint and several liability of the employer, before the Council of State, in 2015.


“The promoters regret the strengthening of their obligations as owners in the event of recourse to posted workers, even though they are in no case by the employers”, argues the REIT. “We wish to remind that the realization of the buildings is the result of a chain of actors ; this are the construction companies that are in the first place those who may be concerned by the recruitment of posted workers. Thus, we call for the respect of the free movement of persons within the european space, in conditions of equity and social justice with the employees of the host country.”

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