Persons are excluded from the contract award procedure if:
1° They have been sanctioned for failure to comply with the obligations set out in Articles L. 8221-1, L. 8221-3, L. 8221-5, L. 8231-1, L. 8241-1, L. 8251-1 and L. 8251-2 of the Labour Code or have been convicted under Article L. 1146-1 of the same Code or Article 225-1 of the Criminal Code;
2° On 31 December of the year preceding that in which the contract award procedure is launched, have not implemented the obligation to negotiate provided for in 2° of Article L. 2242-1 of the Labour Code.
Except where the penalty of exclusion from the contracts has been pronounced for a different period set by a final court decision, the exclusion provided for in this article applies for a period of three years from the date of the decision or judgement establishing the commission of the offence.
This exclusion does not apply if a suspended sentence is obtained in application of articles 132-31 or 132-32 of the Criminal Code, if the sentence is deferred in application of articles 132-58 to 132-62 of the Criminal Code or if the sentence is increased in application of article 132-21 of the Criminal Code or articles 702-1 or 703 of the Code of Criminal Procedure.