In companies where one or more trade union sections of representative organisations have been set up, an employer who has not fulfilled the obligation to negotiate on effective wages mentioned in 1° of article L. 2242-1 is subject to a penalty. If no breach of this obligation has been found during a previous inspection over the previous six calendar years, the penalty is capped at an amount equivalent to 10% of the exemptions from social security contributions mentioned in article L. 241-13 of the Social Security Code in respect of remuneration paid each year in which the breach is found, over a period not exceeding three consecutive years from the year preceding the inspection. If at least one breach of this obligation has been detected during a previous inspection over the previous six calendar years, the penalty is capped at an amount equivalent to 100% of the exemptions from social security contributions mentioned in the same article L. 241-13 in respect of remuneration paid each year in which the breach is detected, over a period not exceeding three consecutive years including the year of the inspection.
Where the frequency of negotiations on actual salaries has been extended to more than one year in application of article L. 2242-11 of this code, the first paragraph is not applicable for the period set by the agreement. At the end of this period, the first paragraph of this article shall apply.
When the competent administrative authority establishes the breach referred to in the first paragraph, it sets the amount of the penalty, taking into account in particular the efforts made to open negotiations, the economic and financial situation of the company, the seriousness of the breach and the circumstances that led to the breach, under conditions set by decree.
The penalty is recovered under the conditions laid down in Section 1 of Chapter VII of Title III of Book I of the Social Security Code.
The proceeds of the penalty are allocated to the general social security scheme, in accordance with the same procedures as those used to deduct the reduction referred to in article L. 241-13 of the same code.