Section 2: Flat-rate contribution from employers who have employed an illegal foreign national

Without prejudice to any legal proceedings that may be brought against it and the special contribution provided for in article L. 8253-1 of the Labour Code, an employer who has employed an illegally staying foreign worker shall pay a lump-sum contribution representing the costs of removing this foreigner from French territory.

The total amount of the financial penalties provided for, for the employment of a foreigner not authorised to work, in article L. 822-2 of this Code and article L. 8253-1 of the Labour Code may not exceed the amount of the criminal penalties provided for in articles L. 8256-2, L. 8256-7 and L. 8256-8 of the same code or, if the employer falls within the scope of these articles, the…

The Office français de l’immigration et de l’intégration is responsible for establishing and setting the amount of the contribution provided for in article L. 822-2.To this end, it may have access to automated processing of foreign nationals’ residence permits under the conditions defined by law no. 78-17 of 6 January 1978 relating to information technology, files and freedoms.

The State is responsible for authorising the flat-rate contribution. In this capacity, it shall liquidate and issue the collection order.The provisions of articles L. 8253-1 to L. 8253-5 of the Labour Code relating to recovery and lien applicable to the special contribution shall apply to the flat-rate contribution provided for in article L. 822-2 of this Code.

The detailed rules for the application of this section shall be laid down by decree in the Conseil d’Etat.