Section 4: Monitoring and control of posted workers

Supervision and control of the working and employment conditions defined in this Title and cooperation with the administrations of the other Member States are carried out by the liaison office of the Directorate General for Labour referred to in Article R. 8121-14. This liaison office responds to requests for information from foreign administrations and provides them with information when it has knowledge of facts relating to possible breaches by the…

The control officers referred to in Book 1 of Part VIII may communicate to their foreign counterparts, either directly or through the liaison office, any information and documents necessary for monitoring and controlling the working and employment conditions of posted employees.

The Labour Inspectorate monitoring officer referred to in Articles L. 8112-1 or L. 8112-5 who observes one of the breaches referred to in Article L. 1263-3 shall issue a written injunction to the employer established outside France who posts employees on national territory to put an end to this breach within a period of three days from receipt of the injunction. This period may be reduced in exceptional circumstances, but…

If any of the failings referred to in Article L. 1263-3 are not remedied within the time limit set pursuant to the provisions of Article R. 1263-11-1, or if the posting declaration referred to in Article L. 1263-4-1 is not received, the Labour Inspectorate monitoring officer shall send the Regional Director for Business, Competition, Consumer Affairs, Labour and Employment a report on the failure observed.

Before imposing a temporary suspension of the provision of services pursuant to Article L. 1263-4 or Article L. 1263-4-1, the Regional Director for Business, Competition, Consumer Affairs, Labour and Employment shall invite the employer or his representative to submit his observations within three days of receipt of this invitation. This period may be reduced in exceptional circumstances, but may not be less than one day. On expiry of the time…

I.-When the Labour Inspectorate monitoring officer, or the equivalent monitoring officer referred to in the last paragraph of Article L. 8112-1, observes the breach referred to in Article L. 1263-4-2, he or she sends a reasoned report to the Regional Director of Companies, Competition, Consumer Affairs, Labour and Employment. II-This Director will issue a written injunction to the employer to put an immediate end to the breach by paying the…

The Regional Director of Companies, Competition, Consumer Affairs, Labour and Employment will immediately inform the Prefect of the department in which the establishment is located, or in Paris the Police Prefect, of his decision to temporarily suspend or prohibit the provision of services. It shall immediately inform the project owner or the client contracting with the service provider.

When the provision of services relates to work carried out on a building or public works site, the decision of the Regional Director of Enterprises, Competition, Consumption, Labour and Employment is notified simultaneously to the project owner and to the person in charge of the site. The project owner shall take the necessary measures to prevent any risk to the health or safety of workers on the site concerned, as…

The Regional Director of Companies, Competition, Consumer Affairs, Labour and Employment shall terminate the temporary suspension or temporary ban on the provision of services in the light of the proof of regularisation provided by the employer’s representative or, failing this, in the cases provided for in 3° of Article L. 1262-1 and for the activities mentioned in Article L. 1262-6, by the employer, or by the project owner or the…

The injunctions, information, invitations and notifications referred to in articles R. 1263-11-1 to R. 1263-11-6 shall be made by any means capable of giving them a date certain.