Title V: Employment of foreign nationals not authorised to work

When a contract is concluded, the subject of which is an obligation of a minimum amount with a view to the performance of work, the supply of a service or the performance of a commercial act, and periodically until the end of the performance of this contract, any person verifies that his co-contractor is fulfilling his obligations with regard to the provisions of the first paragraph of article L. 8251-1.

Without prejudice to the application of articles L. 8222-1 to L. 8222-6, a person who fails to comply with article L. 8254-1 is jointly and severally liable with his co-contractor for payment of: 1° The salary and related benefits due to the foreign national not authorised to work, in accordance with 1° of article L. 8252-2 ; 2° Compensation paid in respect of the termination of the employment relationship, in…

Any person referred to in article L. 8254-1, informed in writing by an agent referred to in article L. 8271-1-2, by an employees’ trade union, an employers’ trade union or association or a staff representative institution that its co-contractor or a direct or indirect sub-contractor of the latter is employing a foreign national who is not authorised to work, shall immediately enjoin its co-contractor to put an end to this…

Any person convicted under article L. 8256-2 for knowingly using the services of an employer of a foreign national not authorised to work is jointly and severally liable with this employer for payment of the remuneration and charges, contributions and costs mentioned in 1° to 4° of article L. 8254-2.

A private individual who enters into a contract for his or her personal use, that of his or her spouse, partner in a civil solidarity pact, cohabitee, ascendants or descendants, the subject of which is an obligation of a minimum amount, is subject to the provisions of articles L. 8254-1 and L. 8254-2 when the contract is entered into.

The procedures for carrying out the checks required by this chapter and for sharing the cost of the contribution where there is more than one contracting party shall be specified by decree.