Dec
18
Travail dissimulé : minoration des heures de travail réellement accomplies

La mention sur les bulletins de paie d’un nombre d’heures de travail inférieur à celui réellement accompli caractérise le délit de travail dissimulé (Cass. crim., 1er déc. 2015, n° 14-85.780, P+B).

Le gérant d’une société exploitant un restaurant a été poursuivi du chef de travail dissimulé pour avoir, entre autres, omis de rémunérer des heures supplémentaires, ne pas avoir tenu les documents nécessaires au décompte de la durée du travail, et avoir minoré les heures de travail effectuées sur le bulletin de paie.

La Cour de cassation, confirmant la décision des juges du fond, retient que la mention sur le bulletin de paie d’un nombre d’heures de travail inférieur à celui réellement accompli caractérise aussi bien l’élément matériel qu’intentionnel du délit de travail dissimulé par minoration du nombre d’heures de travail réellement accomplies.

En l’espèce, le délit était également caractérisé par le fait que l’employeur centralisait et gérait les pourboires versés aux salariés par les clients et s’en servait comme d’un moyen pour sanctionner certaines fautes commises dans l’exécution du service, alors que ces sommes auraient dû être mentionnées sur les bulletins de paie et être soumises à cotisations.

(Source : Actualités du Droit du 18/12/2015)

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