Question 3730 — overseas

Summary

Mrs. Mereana Reid Arbelot draws the attention of the Minister of State, Minister for Overseas Territories to the fight against illegal work in Polynesia. Illegal work in Polynesia has deleterious social and economic consequences. This practice consists of a company advising self-employed status to people who are, in fact, full-fledged employees. In fact, it leads to the precariousness of workers and a loss of considerable income for communities. In order to perfect its legislative arsenal to combat this practice, Polynesia intends to put in place dissuasive sanctions and more effective control procedures. With regard to sanctions, the establishment of prison sentences and the extension of existing sentences require prior legislative approval provided for by article 21 of the organic law of no. 2004-192 of February 27, 2004 establishing the autonomy status of Polynesia. Thus, in May 2019, the Polynesian Council of Ministers expressed the wish that the French Republic adopt a law to approve the prison sentences provided for by the country's law no. 2018-20 of May 4, 2018. This law provides additional coercive means: on the one hand, the initial prison sentence is doubled, going from one year to two years in order to allow the automatic confiscation of the property used to commit the offense in application of article 131-21 of the penal code and on the other hand, the criminal sanctions provided for in the event of bargaining are extended to situations of illicit loan of labor. This year, the Government of French Polynesia renewed this wish. It is essential for Polynesia that strong penalties accompany the offenses established in matters of fight against illegal work. In addition, a draft law of the country was sent, once again, to the ministry in charge of overseas territories which aims to put in place measures for researching and recording offenses relating to illegal work, in application of article 32 of organic law no. 2004-192 of February 27, 2004. In accordance with article 32 of organic law no. autonomy of the Polynesia, to adopt laws of the country intervening in the field of article 31 of the same statute (in particular the investigation and detection of offenses), the President of the Country or of the Assembly of Polynesia must transmit the draft law of the country to the Minister for Overseas Territories, who has a period of two months after acknowledgment of receipt to present a draft decree to the Prime Minister. This project aims to clarify the list agents of the administration of the Country and the State who can intervene in the field as well as the exchange of information between all the actors concerned by the fight against illegal work and their means of action. Therefore, she asks him if he intends to take the necessary measures to help Polynesia fight against illegal work.

Machine translation from French. The official text remains authoritative.

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