La recherche d’un profit en jouant sur le coût du travail en Europe est source de risques. L’emploi de travailleurs d’autres Etats membres de l’Union européenne doit se faire dans le respect des dispositions françaises. A défaut, la qualification de fraude sociale peut être admise.
En dehors des peines applicables notamment en cas de travail dissimulé, ce ne sont pas seulement les salariés concernés qui peuvent s’en plaindre mais également les autres sociétés françaises qui peuvent invoquer la concurrence déloyale (Crim. 12 janv. 2021, n° 17-62.553)
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