The sums due to the foreign national not authorised to work, in the cases provided for in 1° to 3° of article L. 8252-2, are paid to him/her by the employer within thirty days of the offence being detected. When the foreign national is placed in administrative detention pursuant to articles L. 740-1 or L. 751-8 of the Code de l’entrée et du séjour des étrangers et du droit d’asile…
Without prejudice to any legal proceedings that may be brought against them, employers who have employed a foreign worker in breach of the provisions of the first paragraph of article L. 8251-1 shall pay a special contribution for each foreign worker not authorised to work. The amount of this special contribution is determined under conditions laid down by decree in the Conseil d’Etat. It is, at most, equal to 5,000…
Payment of the special levy is guaranteed by a lien on the movable property and effects of those liable, wherever they may be, with the same rank as that enjoyed by the Treasury pursuant to article 1920 of the General Tax Code.
Preferential debts pursuant to article L. 8253-2 owed by a trader, a craftsman or a legal entity governed by private law, even if it is not a trader, are entered in a public register within six months of their due date for payment. The registration preserves the lien for two years and six months from the date on which it is made. It may not be renewed.
In the event of safeguard proceedings, receivership or compulsory liquidation of the taxpayer or of a third party legally bound to pay the special contribution, the lien whose registration has not been duly requested against the taxpayer may no longer be exercised for claims that were compulsorily subject to such registration. The costs of proceedings owed by the debtor on the date of the opening judgment are not due.
The registration of a preferential claim pursuant to Article L. 8253-2 may be cancelled in whole or in part at any time.
A decree in the Conseil d’Etat shall determine the terms and conditions for the application of this chapter.
When a contract is concluded, the subject of which is an obligation of a minimum amount with a view to the performance of work, the supply of a service or the performance of a commercial act, and periodically until the end of the performance of this contract, any person verifies that his co-contractor is fulfilling his obligations with regard to the provisions of the first paragraph of article L. 8251-1.
Without prejudice to the application of articles L. 8222-1 to L. 8222-6, a person who fails to comply with article L. 8254-1 is jointly and severally liable with his co-contractor for payment of: 1° The salary and related benefits due to the foreign national not authorised to work, in accordance with 1° of article L. 8252-2 ; 2° Compensation paid in respect of the termination of the employment relationship, in…
Any person referred to in article L. 8254-1, informed in writing by an agent referred to in article L. 8271-1-2, by an employees’ trade union, an employers’ trade union or association or a staff representative institution that its co-contractor or a direct or indirect sub-contractor of the latter is employing a foreign national who is not authorised to work, shall immediately enjoin its co-contractor to put an end to this…
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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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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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