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Part Eight: Monitoring the application of employment legislation

Article R8113-7 of the French Labour Code

The director of the establishment shall inform the regional director of companies, competition, consumption, labour and employment, within one month, of the action he intends to take on the observations of the labour inspector. A copy of this letter is attached to the special register in which the Labour Inspectorate’s observations appear.

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Article R8113-8 of the French Labour Code

In the event of disagreement between the director of the establishment and the regional director of companies, competition, consumption, labour and employment, the latter will inform the minister responsible for labour, who will refer the matter to the minister concerned.

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Article R8114-1 of the French Labour Code

Failure to comply with the provisions of article R. 8113-1 is punishable by a fourth-class fine. This fine is applied as many times as there are persons employed under conditions liable to be penalised under the provisions of this article.

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Article R8114-2 of the French Labour Code

Failure to submit to the Labour Inspectorate the books, registers and documents made compulsory by this Code or by a legal provision relating to the labour regime, in disregard of article L. 8113-4, is punishable by the fine laid down for fifth class offences.

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Article R8114-4 of the French Labour Code

The proposed settlement shall mention : 1° The nature of the alleged offences and their legal classification ; 2° The amount of the penalties incurred; 3° The amount of the fine; 4° The deadlines for payment and, if applicable, for performance of the obligations; 5° Where applicable, the nature and terms of performance of the obligations imposed with a view to putting an end to the infringement, preventing its recurrence…

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Article R8114-5 of the French Labour Code

Two copies of the proposed settlement are sent to the offender by any means that can be used to establish a date certain, within four months for minor offences and one year for major offences, from the date on which the official report establishing the offence was closed. If the offender accepts it, he or she must return a signed copy within one month of receiving it. If the offender…

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Article R8114-6 of the French Labour Code

Once the interested party has accepted, the Regional Director for Business, Competition, Consumer Affairs, Labour and Employment forwards the settlement file to the Public Prosecutor for approval. As soon as the public prosecutor has approved the proposed settlement, the administrative authority will notify the offender of the settlement, by any means that can be used to establish a date certain, so that it can be implemented. This notification initiates the…

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Article R8115-1 of the French Labour Code

When a Labour Inspectorate inspection officer observes one of the breaches of the obligations mentioned in section 2 of this chapter, he sends the Regional Director of Companies, Competition, Consumption, Labour and Employment a report on the basis of which the latter may decide to impose an administrative fine.

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