The competent administrative authority may, as long as the public prosecution has not been initiated, reach a settlement with natural persons and legal entities regarding the prosecution of an offence constituting a contravention or a délit, provided for and punishable under: 1° Books II and III of Part One; 2° Title VI of Book II of Part Two; 3° Books I, II and IV of Part Three, with the exception…
The proposed settlement is determined on the basis of the circumstances and seriousness of the offence, the personality of the offender and the offender’s resources and liabilities. It specifies the amount of the fine to be paid by the offender and, where applicable, the obligations that will be imposed on the offender to put an end to the offence, prevent its recurrence or comply with the obligations to which the…
Once accepted by the offender, the proposed settlement is submitted to the public prosecutor for approval. The act by which the Public Prosecutor approves the proposed settlement interrupts the limitation period for prosecution. The public prosecution is extinguished when the offender has fulfilled all the obligations resulting from acceptance of the settlement within the time limit set.
When the settlement is approved, the administrative authority informs the social and economic committee.
Detailed rules for the application of this section shall be laid down by decree in the Conseil d’Etat.
The competent administrative authority may, on the basis of a report by the labour inspector referred to in Article L. 8112-1, and subject to the absence of criminal proceedings, either issue a warning to the employer or impose a fine on the employer in the event of a breach of : 1° The provisions relating to maximum working hours set out in articles L. 3121-18 to L. 3121-25 and the…
The competent administrative authority shall inform the public prosecutor by any means of the action taken on the inspector’s report.
The maximum fine is €4,000 and may be applied as many times as there are employees affected by the breach. The maximum fine is doubled in the event of a further breach within two years of the date of notification of the fine for a previous breach of the same kind. It is increased by 50% in the event of a new breach detected within one year of the date…
To determine whether to issue a warning or a fine and, if so, to set the amount of the fine, the administrative authority will take into account the circumstances and seriousness of the breach, the behaviour of the offender, in particular his good faith, as well as his resources and expenses.
Before any decision is taken, the administrative authority informs the person concerned in writing of the penalty envisaged, informing them of the breach of which they are accused and inviting them to submit their observations within a period set by decree in the Conseil d’Etat. At the end of this period, the administrative authority may, by reasoned decision, impose the fine and issue the corresponding collection order. It informs the…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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