Failure by the employer to comply with the administrative decision referred to in article L. 1263-4, article L. 1263-4-1 or article L. 1263-4-2 is punishable by an administrative fine, which is imposed by the competent administrative authority, on the basis of a reasoned report by a labour inspection officer referred to in article L. 8112-1.
To set the amount of the fine, the administrative authority will take into account the circumstances and seriousness of the breach, the behaviour of the offender and the offender’s resources and liabilities. The fine is less than or equal to €10,000 per employee affected by the breach.
The limitation period for the administration’s action to impose an administrative fine for non-compliance is two years from the day on which the non-compliance was committed.
The employer may challenge the administration’s decision before the administrative court, to the exclusion of any hierarchical appeal.
The fine is recovered in the same way as State debts other than taxes and property. Objection to enforcement or opposition to prosecution does not have the effect of suspending action to recover the debt.