Chapter I: Competence of agents

The offences constituting illegal employment referred to in Article L. 8211-1 are investigated and recorded by the control officers referred to in Article L. 8271-1-2 within the scope of their respective powers in matters of illegal employment.

Infringements of the first paragraph of article 3 of law no. 75-1334 of 31 December 1975 on subcontracting are recorded by the agents mentioned in article L. 8271-1-2. These offences are punishable by a fine of €7,500.

The competent control officers pursuant to Article L. 8271-1 are : 1° The labour inspection officers mentioned in Article L. 8112-1; 2° Officers and agents of the judicial police ; 3° Tax and customs officers; 4° Officials of social security bodies and agricultural social security funds who have been approved for this purpose and are sworn ; 5° Administrators of maritime affairs, officers of the technical and administrative corps of…

For the purposes of implementing articles L. 8272-1 to L. 8272-4, the representative of the State in the département shall receive a copy of the official reports of offences constituting illegal employment recorded by the inspection officers mentioned in article L. 8271-1-2.

The enforcement officers referred to in Article L. 8271-1-2 shall provide each other with any information and documents that may be useful in carrying out their duties to combat illegal employment. Competition, consumer affairs and fraud control officers are empowered to provide them with all information and documents required for this purpose.

When they are not part of the national police or gendarmerie services, the control officers referred to in Article L. 8271-1-2 may call upon sworn interpreters registered on one of the lists provided for in Article 157 of the Code of Criminal Procedure, for the control of regulations on foreign labour and the transnational posting of workers. The control officers mentioned in the first paragraph of this article who exercise…

The enforcement officers referred to in article L. 8271-1-2 shall, upon written request, forward to the officers of the Centre national du cinéma et de l’image animée, the regional directorates for cultural affairs, the institution referred to in article L. 5312-1, the body administering the unemployment insurance scheme and the local authorities all information and documents required to assess rights or fulfil obligations falling within the scope of their respective…

The enforcement officers referred to in article L. 8271-1-2 may, upon written request, obtain from the bodies responsible for a social protection scheme or from the funds providing paid leave services referred to in Book I of Part Three any information or documents that may be useful in carrying out their duties with regard to illegal employment. They shall forward to these bodies, which must make a written request, all…

The control officers referred to in Article L. 8271-1-2 of this Code may pass on to the officers of the body referred to in Article L. 767-1 of the Social Security Code any information and documents that may be useful in the performance by the latter of the duties entrusted to this body for the application of international and European social security regulations and agreements. The agents of the body…

The control officers referred to in 1° of Article L. 8271-1-2 may pass on to the officers of the Caisse des dépôts et consignations any information and documents that may be useful to the latter in carrying out the tasks provided for in Article L. 6323-9 entrusted to this body. Employees of the Caisse des dépôts et consignations may pass on to the inspection officers mentioned in article L. 8271-1-2…