The client or instructing party, informed in writing by one of the control officers mentioned in article L. 8271-1-2 of the partial or total non-payment of the legal or contractual minimum wage due to the employee, posted within the meaning of article L. 1261-3, by its co-contractor, by a direct or indirect subcontractor or by a co-contractor of a subcontractor, immediately enjoins, in writing, this subcontractor or this co-contractor, as well as the latter’s immediate principal, to put an end to this situation without delay.
If the situation notified is not remedied within a period set by decree, the project owner or the principal, if it does not terminate the service provision contract, is jointly and severally liable with the employee’s employer for payment of the remuneration, allowances and charges due, under conditions set by decree in the Conseil d’Etat.
This article does not apply to private individuals who contract with a company for their personal use, that of their spouse, their partner to whom they are linked by a civil solidarity pact, their cohabitee or their ascendants or descendants.