Unlawful lending of labour in breach of the provisions of article L. 8241-1 is punishable by two years’ imprisonment and a fine of €30,000.
The penalties are increased to five years’ imprisonment and a fine of €75,000:
1° When the offence is committed against more than one person ;
2° When the offence is committed against a person whose vulnerability or state of dependence is apparent or known to the perpetrator.
The penalties are increased to ten years’ imprisonment and a €100,000 fine when the offence is committed by an organised gang.
As an additional penalty, the court may order confiscation under the conditions and in accordance with the procedures set out inarticle 131-21 of the Criminal Code.
The court may also order a ban on subcontracting labour for a period of between two and ten years.
Failure to comply with this ban, either directly or through an intermediary, is punishable by twelve months’ imprisonment and a fine of 12,000 euros.
In all cases, the court may order the posting or broadcasting of the decision handed down, in accordance with the conditions set out in article 131-35 of the Criminal Code. Where a fine is imposed, the court may order that the decision be published, for a maximum period of two years, by the services of the Minister for Employment on a dedicated website, in accordance with the conditions laid down by decree of the Conseil d’Etat issued after consultation with the Commission nationale de l’informatique et des libertés.