Chapter V: Administrative fines

The competent administrative authority may, on the basis of a report by the labour inspector referred to in Article L. 8112-1, and subject to the absence of criminal proceedings, either issue a warning to the employer or impose a fine on the employer in the event of a breach of : 1° The provisions relating to maximum working hours set out in articles L. 3121-18 to L. 3121-25 and the…

The competent administrative authority shall inform the public prosecutor by any means of the action taken on the inspector’s report.

The maximum fine is €4,000 and may be applied as many times as there are employees affected by the breach. The maximum fine is doubled in the event of a further breach within two years of the date of notification of the fine for a previous breach of the same kind. It is increased by 50% in the event of a new breach detected within one year of the date…

To determine whether to issue a warning or a fine and, if so, to set the amount of the fine, the administrative authority will take into account the circumstances and seriousness of the breach, the behaviour of the offender, in particular his good faith, as well as his resources and expenses.

Before any decision is taken, the administrative authority informs the person concerned in writing of the penalty envisaged, informing them of the breach of which they are accused and inviting them to submit their observations within a period set by decree in the Conseil d’Etat. At the end of this period, the administrative authority may, by reasoned decision, impose the fine and issue the corresponding collection order. It informs the…

The person against whom a warning or fine is issued may challenge the administration’s decision before the administrative court, to the exclusion of any hierarchical appeal.

Fines are recovered in accordance with the procedures laid down for State debts other than taxes and property. Objection to enforcement or opposition to prosecution does not have the effect of suspending recovery of the debt.

The detailed rules for the application of this section shall be laid down by decree in the Conseil d’Etat.