Beyond its issuance, the vigilance certificate implies regular and structured monitoring of the subcontractor, under penalty of heavy sanctions for the principal.
Publi-Information 
L’vigilance certificate is not limited to the production of a document. Supervised by the Social Security Code and Labor Codeit imposes on principals an obligation to continuous verification of the social situation of their co-contractorsat each stage of the execution of the contract.
A key control in subcontracting management
Issued by Urssaf, the vigilance certificate stands out as a central document in securing contractual relations, particularly in the construction industry. It certifies that a company is up to date with its social obligations:
– employee declaration;
– Payment of contributions;
– And respect for the rules governing employment.
Concretely, the vigilance certificate must be required by all order givers whenever a service or subcontracting contract exceeds €5,000 excluding tax. This obligation does not end with signature: the document must be renewed every six months until the end of the contract. Continuous vigilance, which aims to limit the risks of hidden workparticularly in sectors where there are multiple stakeholders, including the construction sector.
Please note: under the provisions of Article R. 8222-1 of the Labor Code, the vigilance certificate is mandatory for any contract ≥ €5,000 excluding tax, to be provided upon signature and then every 6 months, certifies the social regularity of the company and engages the responsibility of the principal in the event of a lack of control. © Freepik
Be particularly vigilant with the vigilance certificate
Under the provisions of thearticle L. 243-15 of the social security code : “Any person verifies, when concluding a contract whose subject relates to an obligation of a minimum amount with a view to the execution of work, the provision of a service or the performance of a commercial act, and periodically until the end of the execution of the contract, that his co-contractor is up to date with his declaration and payment obligations to the recovery bodies mentioned in articles L. 213-1 and L. 752-1 of this code and L. 723-3 of the rural and maritime fishing code“.
Beyond the regulatory aspect, the issue is also financial and legal. In the event of a breach, the principal may be held jointly and severally liable for offenses committed by its service provider, with potentially serious consequences. Verifying the certificate – via the security code allowing its authenticity to be checked online – then becomes an essential reflex. Because, in fact, many principals think they have fulfilled their obligation as soon as they have the document.
Certainly, thearticle L 8222-1 of the Labor Code requires a verification every 6 months for any contract greater than €5,000 excluding tax. But this obligation has three distinct dimensions, and most companies only fulfill the first:
–see the document: this is the legal minimum;
– Check its authenticity: a certificate can be falsified or expired – the urssaf.fr portal allows verification in a few seconds;
– And, finally, quickly ensure the veracity of what is declared: a company can have a valid certificate because it declares a fraction of its employees… which can be visible at first glance.
In the event of an inspection, if the subcontractor is found to be carrying out hidden work, the financial solidarity of the principal is engaged, even with a valid document. And the sanctions can be dissuasive since in the event of a breach of its duty of vigilance, the principal is likely to be jointly and severally liable for the payment of compulsory contributions, penalties and increases due by its subcontractor or co-contractor who has been the subject of a report for the offense of concealed employment (C. trav., art. L.8222-2). © Freepik
