helping hand or on the black

[Patf]

An interesting case was reported in the Depeche yesterday:

http://www.ladepeche.fr/article/2009/02/27/565645-Tribunal-d-Auch-Coup-de-main-ou-travail-au-noir.html

I've never really believed that someone employing people in an informal way would be penalised, though I know there's an insurance problem.

This case proves otherwise. There's a fine line to be drawn between giving a helping hand and employing on the black. In this case the judge seems to base the distinction  on regularity, promptness and type and amount of work done.

So take care, as this helping hand from "friends" is a common practise. If you subsequently fall out you could be in trouble.[:(]

 

 

[Chancer]

The fines were interesting, much lower for the house constructor employing all but one on the black than for the "alleged" neighbours helping each other out although I am sure that they still had une affaire even after paying an amende of €2k.

€2k is enough to discourage the law abiding particuliers but on a job of any value it is not much of a detterent given the low risk of ever being taken to a tribunal. 

€750 for the house constructor was derisory and gives a green light for all the others.

[Clair]

[quote user="Patf"]An interesting case was reported in the Depeche yesterday:

http://www.ladepeche.fr/article/2009/02/27/565645-Tribunal-d-Auch-Coup-de-main-ou-travail-au-noir.html

[/quote]

in Google English here.

Which reminds me of a recent thread about this topic: http://www.completefrance.com/cs/forums/1577969/ShowPost.aspx and an older one highlighting the potential pitfalls: http://www.completefrance.com/cs/forums/1239940/ShowPost.aspx

[pachapapa]

 

http://www.ladepeche.fr/article/2009/02/27/565645-Tribunal-d-Auch-Coup-de-main-ou-travail-au-noir.html

________________________________________________>>>

The judgement will be handed down on the 23rd April.

The opinion of the Procureur of the Republic in supporting his demand for fine and conviction is scarcely the finality of the matter.

 

 

[Patf]

So what is the next stage in the procedure, ppp? I don't know how the system works, who has the final say etc.

If the fine is confirmed, how do they get it and who does the money go to?

There seems to be a long-drawn-out appeals procedure too. All very expensive no doubt.

Thanks for the link to the other thread Clair. I had missed it somehow.

[pachapapa]

Just read  Clair's links.

Some interesting stuff on lying; there seems to be a natural division of opinion which I assume reflects the views of those who have participated in a Divorce Action in a British Court and those who have not.[:D]

The Procureur is the British equivalent of the Crown Prosecution Service. The delivery of the judgment will take place in April ostensibly to allow careful consideration of the evidence, etc; but in fact immediate judgment in a french court is rare, this may be for one of two reasons firstly due to the manifest incompetence of french judges who have insufficient knowledge of the relevant law to be capable of making a considered immediate judgment or secondly the judges will consult with the local authorities to choose a mutually amenable and convenient judgment without any effective regard for any equitable considerations.

The judgment may result in jurisprudence generally applicable but it is more likely that just a "local precedent" will result.

[Patf]

Thanks for the explanation ppp. It's so different from the british legal system. So vague.