Part Eight: Monitoring the application of employment legislation

Independently of the procedure provided for in Articles R. 8253-2 et seq., the Regional Director of Companies, Competition, Consumer Affairs, Labour and Employment informs each person mentioned in the report or notice, by registered letter with acknowledgement of receipt, that the provisions of Article L. 8254-2 may be applied to him/her and that he/she may send observations within a period of fifteen days.

As soon as the fifteen-day period has expired and he has the documents mentioned in the second and third paragraphs of Article D. 8254-11, the Director General of the French Office for Immigration and Integration may order the persons mentioned in Article L. 8254-1 to deposit, without delay, with the Agency’s Accounting Officer, a sum equal to 40% of the amount of the special contribution. This sum is calculated in…

When several persons are mentioned in the official report referred to in article R. 8253-2 in respect of the same foreign employee and the Director General of the Office français de l’immigration et de l’intégration has ordered the deposit, the Director General will divide the amount to be deposited between these persons proportionately.

The Regional Director of Companies, Competition, Consumer Affairs, Labour and Employment checks that the conditions set out in Articles L. 8254-1 et seq. have been met and, if necessary, requests any additional information from the enforcement officer. It sends the Director General of the Office français de l’immigration et de l’intégration (French Office for Immigration and Integration),, its opinion on the arrangements for implementing the special contribution in respect of…

In the light of the documents sent to him pursuant to articles D. 8254-2, D. 8254-4 and D. 8254-5, the Director General of the French Office for Immigration and Integration decides, in accordance with article R. 8253-6, whether to apply the special contribution to the employer who employed the foreign employee without a work permit. If it decides to apply the financial solidarity rule provided for in article L. 8254-2,…

Where several persons are concerned by the application, in respect of the same foreign employee, of the financial solidarity rule provided for in article L. 8254-2, the Director General of the Office français de l’immigration et de l’intégration shall apportion the amount of the special contribution in proportion to the number of persons who have contracted in breach of the provisions of article D. 8254-2.

When the special contribution is payable by the persons mentioned in Article L. 8254-1, it is determined and collected in accordance with the provisions of Articles R. 8253-1, R. 8253-7, R. 8253-8, R. 8253-11, R. 8253-13 and R. 8253-14.