Any person who, directly or through an intermediary, recruits, retains or employs for any period whatsoever a foreign national who does not hold a permit authorising him/her to work in France, in breach of the provisions of the first paragraph of article L. 8251-1, is punishable by five years’ imprisonment and a fine of 15,000 euros.
Knowingly using, directly or indirectly, the services of an employer of a foreign national not authorised to work is punishable by the same penalties.
These penalties are increased to ten years’ imprisonment and a fine of 100,000 euros when the offence is committed by an organised gang.
The first paragraph does not apply to an employer who, on the basis of a fraudulent document or one fraudulently presented by a foreign employee, without the intention of participating in the fraud and without knowledge of the fraud, has made the declaration to the social security bodies provided for in article L. 1221-10, the single declaration of employment and the verification with the territorially competent authorities of the document authorising the foreign employee to work in France.
The fine is applied as many times as there are foreign nationals concerned.