If you are a client, the deliberate lack of a DPAE for any persons placed directly or indirectly in a relationship of subordination to you lays you open to criminal prosecution for concealed employment.

If you are a project manager, you must check that your co-contracting party has fulfilled its obligations regarding declarations, including the DPAE.
If you fail to meet your obligation of vigilance, you could face a procedure of financial solidarity in respect of your co-contracting parties if they are found to be concealing employment.

In this case, you could be ordered to:

- Pay the direct and indirect taxes and compulsory contributions plus a number of penalties and surcharges due from your co-contracting parties to the social - protection bodies;

- Refund any amounts they may have received in public aid;

- Pay the remunerations, allowances and charges due from your co-contracting parties for the employment of employees for whom a DPAE had not been set up.

Your obligation of vigilance covers all contracts:

- For a sum of at least 5 000 euros;

- Concluded for the purpose of carrying out work, supplying a service, or carrying out a commercial act.

You are required to check this at the time of concluding the contract and every six months thereafter while the contract remains valid.

 Principal texts