Section 3: Penalties

At the end of the period set by the formal notice, the Regional Director of Companies, Competition, Consumption, Labour and Employment decides whether to apply the penalty referred to in article L. 4162-4. It sets the rate in the light of the company’s situation, the information sent by the fund mentioned in article R. 4162-4 and, if the company has fewer than three hundred employees, the progress of collective bargaining…

The Regional Director of Companies, Competition, Consumption, Labour and Employment will send the employer, by any means that provides a date certain, a reasoned notification of the rate of the penalty, within one month of the expiry date of the formal notice provided for in article R. 4162-5. A copy of this notification is sent to the body responsible for collecting social security contributions under the employer’s general or agricultural…

The penalty is due for each full month during which the company fails to comply with the obligations mentioned in article L. 4162-3 from the date of the formal notice until the Labour Inspectorate receives the agreement or action plan provided for in I of article L. 4162-1 and article L. 4162-2. The penalty, calculated by applying the rate notified by the Regional Director of Companies, Competition, Consumption, Labour and…