investigation of wage drift

Independent employees have decided to file a complaint for "fraud" and "deceptive marketing practices". They believe that there are anomalies on their payrolls published by porting companies. Justice has opened two investigations. The principle of wage-earning is as follows: a company (of wage-earning) serves as an intermediary between an independent consultant (paid employee) and the company for which he will work. The payroll company deals with the work contract and payroll of the employee carried, which is thus unloaded from all the administrative aspect, for a management fee. The problem is that according to many testimonials collected by the cell investigation of Radio France, payrolls of employees published by porting companies would include lines of contributions intriguing. "These are levies and contributions that do not have to be borne by the employee," said lawyers William Bourdon and Bertrand Repolt, who defend several employees worn.In some cases, the rate of levy would be abnormally high. Sometimes, the self-employed person is even levied taxes "which are, in a regulatory and legal manner, the responsibility of the company, not the responsibility of the employee", add the two avocats.En July 2018, one of These employees, Martial Arneodo decided to file a complaint against two companies: Portageo and Ventoris Consulting. In addition to the management fees paid to his portage company, this IT consultant considers that he was improperly deducted amounts appearing on three lines of his pay slip: Extract from a pay slip of Martial Arneodo issued by Portageo (DR) In two and a half years, I estimate that I was wrongly taken 13,000 euros. For me, these are lines intended to increase the margin of certain companies. "Contacted, the company Portageo explains that it" respects the collective agreement of the wage-earning employees and will continue to apply all the regulatory evolutions specific to the sector of activity. […] Although Portageo has not received any official information [sur] a judicial proceeding [en cours]", the company considers that it is" not appropriate at the moment to comment anything, without having a full knowledge of the reality of things. "Same question with the company Ventoris Consulting The computer consultant Martial Arneodo contests a monthly levy of 7% on his payroll, baptized without further details "other employer charges." For the head of the company Ventoris Consulting, Franck Marcq, whom we interviewed, this levy "other employer charges" of 7 % is legal, according to him, it corresponds to "fiscal and parafiscal taxes" then paid to the various collecting agencies. "We fully respect the legislation, explains the boss of Ventoris. Employees are informed before coming to us. They validate this mode of operation. "Other employees questioned, this is the case of Brigitte Bagella, who has also lodged a complaint against her wage-carrying company, AD'Missions, a customer relations consultant who disputes several samples. After multiple written exchanges with the company, she receives a response from her regional director: You're right, we have to give you a refund of the amounts wrongly deducted and called off-line operating expenses. Regional Director of AD'Missions, in an email dated September 11, 2007But Brigitte Bagella considers the response of the company insufficient. "It's been 13 years since I pay taxes improperly levied, said Brigitte Bagella. I am willing to pay what I owe if I am proven that I owe it. "Contacted, the group Freelance.com to which belongs the port company concerned belies the testimony of Brigitte Bagella.The group" listed on the stock market "explains that "these lines are legal, validated by the unions", that this employee carried "had all the answers to its questions, all the information on the display of its expenses", that "99% of the worn employees are satisfied" and that "a testimony should not discredit a whole profession." The first person to have suspected anomalies on payslips employees is called Sylvain Mounier Co-founder in 1999 of Axession, a porting company he quickly realizes that in order to exist in this sector, the porting companies must have the lowest management fees possible.These expenses vary on average between 8% and 12% of the employee's turnover. summers have a rate of 3%, which makes it difficult to align.This is the reason why, in 2016, Sylvain Mounier decided to sell his company. "I said to my partner, 'We're not good!'," He recalls, "even though we managed the money to the penny, with the maximum of services to our employees, our competitors were management fees much lower. "He then makes the tour of the managers of companies of wage portage and discovers several suspicious practices:" A boss initially told me that he levied a contribution on the added value of the company (CVAE) in the pay slips published by his company.But my accountant explained me that this tax had nothing to do there.I said to myself: 'Here is weird …' "What is staggering it's that instead of denouncing cheating, the bosses who discovered the scheme said to themselves: it's clever … I'm going to do the same! "" Then the head of a company explains to me that he is charging to his employees brought taxes that he does not return officially, continues Sylvain Mounier. It allows you to earn some margin by lowering management fees. "He concludes:" One of these bosses also proudly explained to me that he was the inventor of this system and that it was "Finally, in July 2017, the company Axessio, co-founded by Sylvain Mounier, filed a complaint for" fraud and deceptive marketing practices "against several companies and Sylvain Mounier, he created the Fedep's, a defense association "We had a line 'other employer charges' in each payslip, says a former controller of a port company. Except that this levy was not refunded to the collectors. It was added to the management fees already charged. I found it weird. I talked to the company's auditor who said to me, 'We have to do like that, otherwise how do you want to get away with a 5% management fee?' The box would sink. "" A former accountant of a portage company also tells us: "by peeling the contributions, I came across a line called 'other employer charges'. That made me question so I asked the auditor what it was, to which organization I had to pay back this money. He said to me, 'Listen, there is a part, it's margin. Because we can not run with 3% management fees. ' It was on all payslips. A line set automatically with an identical percentage for all employees. "Asked on the subject, Patrick Levy-Waitz the vice-president of the PEPS (union of the professionals of employment in portage salary), the main employers' union of the sector , also president of the Observatory of the portage salary, considers that there can be, in some cases, a problem of overbilling – a practice "unacceptable" according to him – on the other hand, it considers quite legal the presence of employer contributions , contested by some employees, in their payslip. "If you do not put these contributions in the pay slip, you are not transparent, says the vice president of the employers' union. This allows the employee to know exactly what is taken from him. This money comes in and out. The portering company does not make any money on it. If she does things properly, she gives them back to the state in full. "" Whenever we were informed of difficulties in certain societies, we excluded them, says Patrick Levy-Waitz. But I can not tell you if these practices [de surfacturations] are totally gone. We can not clean up companies that are not part of our union. "For Patrick Levy-Waitz, as for the majority of the managers of companies we contacted, everything was clarified by the collective agreement completed by a amendment negotiated in April 2018. It is now up to the courts to shed light on this case.Two preliminary inquiries were opened in Paris and Nanterre.The Departmental Directorate for the Protection of Populations (DDPP) was seized of the 'investigation.
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