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Part Eight: Monitoring the application of employment legislation

Article R8256-1 of the French Labour Code

Employing or retaining a foreign national in a professional category, profession or geographical area other than those mentioned, where applicable, on the work permit referred to in the first paragraph of article L. 8251-1, in breach of the second paragraph of the same article, is punishable by a fifth-class fine. Repeated offences are punishable in accordance with articles 132-11 and 132-15 of the Criminal Code.

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Article D8261-1 of the French Labour Code

Labour inspectors may obtain from the managers of establishments subject to their inspection a list of the names and addresses of all suppliers to these establishments and, for each of these suppliers, a letter or any other document showing that they are entered in the trade register or national register of companies as a company in the trades and crafts sector.

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Article D8261-2 of the French Labour Code

When the labour inspector or controller has reason to believe, based in particular on the conditions under which the work of all or some of the employees employed in a company is organised, that this employment constitutes a breach of both the prohibition on concurrent employment provided for in article L. 8261-1 and the derogation provided for in article L. 8261-3, he may ask the employer to require the designated…

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Article R8262-1 of the French Labour Code

Any employee who performs paid work in excess of the maximum weekly working time as laid down by the legal provisions for his profession, in breach of the provisions of article L. 8261-1, is liable to a fifth-class fine. Repeated offences are punishable in accordance with articles 132-11 and 132-15 of the French Penal Code.

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Article R8262-2 of the French Labour Code

Using the services of a person who does not comply with the provisions of article L. 8261-1 is punishable by a fifth-class fine. Repeated offences are punishable in accordance with articles 132-11 and 132-15 of the Criminal Code.

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Article D8271-1 of the French Labour Code

For the application of articles L. 8261-1 et seq. relating to prohibitions and exemptions on holding multiple jobs, the rights and powers of labour inspectors and labour monitors, as defined in Book One, are extended to all establishments where the head of the establishment habitually carries out an industrial, commercial or craft profession, even if they are family establishments or do not employ any employees. The managers of these establishments…

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Article D8272-1 of the French Labour Code

For the application of Article L. 8272-1, the competent authority is the authority managing public aid. This authority may, under the conditions laid down in this section, refuse to grant public aid, or request reimbursement, corresponding to the following schemes: 1° Apprenticeship contract ; 2° Contrat unique d’insertion ; 3° Contrat de professionnalisation ; 4° Bonus for job creation in Guadeloupe, Guyana, Martinique, Mayotte, Réunion and Saint-Pierre-et-Miquelon; 5° Aides des…

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Article D8272-2 of the French Labour Code

Any decision taken by the competent authority to refuse or reimburse public aid shall be notified to the Prefect of the department within the jurisdiction of the authority mentioned in article D. 8272-1, or, in Paris, to the Prefect of Police.

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Article D8272-3 of the French Labour Code

When the competent authority receives an application for one of the aids mentioned in article D. 8272-1, it shall check whether the applicant has been fined for one of the offences constituting illegal employment provided for in article L. 8211-1, in the twelve months prior to his application, by the prefect mentioned in article D. 8272-2.

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Article D8272-4 of the French Labour Code

If the company or its de jure or de facto manager has been fined in the twelve months preceding the application, the competent authority may decide to refuse the aid requested. It will then inform the company of its intention by registered letter with acknowledgement of receipt or by any other means that allows the recipient to prove receipt, specifying that it may submit its written observations within a period…

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