When a Labour Inspectorate inspector mentioned in Article L. 8112-1 observes a serious breach, committed by an employer established outside France who posts employees on national territory, of Article L. 3131-1 relating to daily rest, Article L. 3132-2 relating to weekly rest, Article L. 3121-18 relating to the maximum daily working time or Article L. 3121-20 relating to the maximum weekly working time, notes the total or partial non-payment of the legal or collectively agreed minimum wage, notes a failure by the employer or its representative to fulfil the obligation mentioned in Article L. 1263-7 with a view to monitoring compliance with the provisions of Articles L. 3231-2, L. 3131-1, L. 3132-2, L. 3121-18 and L. 3121-20 of this Code, finds working or accommodation conditions incompatible with human dignity as sanctioned byArticle 225-14 of the Penal Code or finds that the employer who has been notified of one of the administrative fines provided for in Articles L. 1263-6, L. 1264-1, L. 1264-2 or L. 8115-1 of this Code has not paid the sums due, it shall issue a written order to the employer to put an end to the situation within a period set by decree in the Conseil d’Etat.
It shall inform the project owner or the employer concerned as soon as possible.
The fact that the employer has provided the inspecting officer with deliberately erroneous information constitutes a serious breach within the meaning of the first paragraph.
For the application of this article, when the employer established outside France posts employees on national territory to carry out activities covered by the Rural and Maritime Fishing Code, the reference to article L. 3132-2 of this code is replaced by the reference toarticle L. 714-1 of the Rural and Maritime Fishing Code.