Chapter III: Control.

The enforcement officers referred to in Article L. 8112-1 and the authorities responsible for coordinating their actions are empowered to provide each other with any information and documents required to enforce the provisions of this Title. They may also communicate such information and documents to officials vested with similar powers in foreign States and to the authorities responsible for coordinating their actions in those States. The enforcement officers referred to…

The nature of the information that may be disclosed and the conditions under which the protection of personal data is ensured are specified by decree in the Council of State.

When a Labour Inspectorate inspector mentioned in Article L. 8112-1 observes a serious breach, committed by an employer established outside France who posts employees on national territory, of Article L. 3131-1 relating to daily rest, Article L. 3132-2 relating to weekly rest, Article L. 3121-18 relating to the maximum daily working time or Article L. 3121-20 relating to the maximum weekly working time, notes the total or partial non-payment of…

If the employer fails to rectify the situation observed within the period referred to in article L. 1263-3, the competent administrative authority may, as soon as it is aware of a report by a Labour Inspectorate monitoring officer recording the breach and having regard to the repetition or seriousness of the facts observed, order, by reasoned decision, that the employer suspend the provision of the services concerned for a period…

The Labour Inspectorate control officer or the equivalent control officer mentioned in the last paragraph of Article L. 8112-1 who has not received, by the end of the period of forty-eight hours from the start of the posting of an employee, the posting declaration mentioned in the second paragraph of I of Article L. 1262-4-1 may submit a reasoned report to the competent administrative authority. The latter may order, in…

The labour inspectorate control officer or the equivalent control officer mentioned in the last paragraph of article L. 8112-1 who establishes, where applicable upon receipt of the declaration mentioned in article L. 1262-2-1, the absence of payment of sums due in respect of one of the fines provided for in articles L. 1263-6, L. 1264-1, L. 1264-2 or L. 8115-1 which has been notified to an employer established abroad seconding…

The decision by the administrative authority to suspend the provision of services pursuant to articles L. 1263-4, L. 1263-4-1 or L. 1263-4-2 shall not result in the termination or suspension of the employment contract or in any financial loss for the employees concerned.

Failure by the employer to comply with the administrative decision referred to in article L. 1263-4, article L. 1263-4-1 or article L. 1263-4-2 is punishable by an administrative fine, which is imposed by the competent administrative authority, on the basis of a reasoned report by a labour inspection officer referred to in article L. 8112-1. To set the amount of the fine, the administrative authority will take into account the…

The employer temporarily posting employees on national territory, or his representative referred to in II of Article L. 1262-2-1, shall present to the Labour Inspectorate, at the place where the service is provided, documents translated into French enabling compliance with the provisions of this Title to be verified.

The administrative authority, when approached by one or more employers who repeatedly second employees under the conditions provided for in 1° and 2° of article L. 1262-1 or by a body with a mandate, may adjust the terms and conditions according to which the obligations provided for in I and II of article L. 1262-2-1 and in article L. 1263-7 are met when information is provided in support of their…