Black list for illegal work

A judge who orders a company or person to pay a fine for undeclared work could have their identity publically revealed on the Ministry for Labour's website, in a decree which comes into force today.

Illegal worker or those hiring workers illegally could have their sentences published on the Labour Ministry's website.

The so-called Savery law gives judges discretionary powers to publically "name and shame" anyone who works illegally or who pays staff "under the table", by publishing details of the cases brought against defendants for up to two years on the internet. Its purported aim is to "fight against unfair social competition."

The blacklist would be freely available for consulation in a rubric on the Ministry of Labour's website. Prime Minister Manuel Valls, along with the Labour Minister Myrian El Khomri and the Justice Minister Christiane Taubira signed the law on the 10th July 2014.

El Khomri trumpeted that it was "the first time in France that a judge could impose a complementary penalty of displaying sentencing decisions for illegal work on a website," adding that the objective was to "ensure greater transparence fo potential clients regarding the fraudulent practices of companies".

However, the National Commission for Information Technology and Freedom (CNIL),  that operates in accordance with the data protection legislation, has criticised the law.

This independent administrative authority laments not being consulted on this law. It also denounced the "systematisation of publishing sentences on the internet" and characterised the law as an imfringement on fundemental rights.

"Illegal work", as defined by the 2nd August 2004 law, is consituted of several fraudulent practices: undeclared work, the illicit hiring of employees, or employing a foreigner who does not have the correct papers to work.