Subsection 3: Remuneration

For the application of article L. 2242-7, when a labour inspection officer mentioned in article L. 8112-1 observes a breach of the obligation defined in 1° of article L. 2242-1, he sends a report on this breach to the regional director of companies, competition, consumption, labour and employment.

When the Regional Director of Companies, Competition, Consumption, Labour and Employment intends to impose the penalty referred to in Article L. 2242-7, he shall inform the employer, by any means that confirms receipt by the recipient, within four months of the date on which the breach referred to in Article D. 2242-12 is established. It shall inform the employer of the maximum rate of penalty incurred for each year in…

To determine the amount of the penalty, the Regional Director of Companies, Competition, Consumption, Labour and Employment will take into account the efforts made by the employer to enter into negotiations on effective wages under the conditions set out in Articles L. 2242-1 and L. 2242-4 to L. 2242-6, the employer’s good faith, and the reasons for the employer’s failure to fulfil its obligations. Among the reasons for default, the…

The Regional Director of Companies, Competition, Consumption, Labour and Employment shall send the employer, by any means that provides a date certain of its receipt by the addressee, notification of the amount of the penalty applied to it, within two months of the expiry of the period allowed for the employer to present its observations and justify the reasons for its failure to comply, as provided for in Article D….

The penalty is declared and paid by the employer to the body responsible for collecting social security contributions for the scheme to which it belongs on the first due date for the social security contributions for which it is liable to this body at the end of a period of two months following notification.