The administrative fine referred to in articles L. 1264-1 and L. 1264-2 is imposed by the competent administrative authority, after it has been observed by one of the labour inspection officers referred to in articles L. 8112-1 and L. 8112-5 .
The amount of the fine is a maximum of €4,000 per posted employee and a maximum of €8,000 if the offence is repeated within two years of the date of notification of the first fine. The total amount of the fine may not exceed €500,000.
To set the amount of the fine, the administrative authority takes 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.
The limitation period for the administration’s action to impose an administrative fine is two completed years from the day on which the breach was committed.
The employer, project owner or principal may challenge the administration’s decision before the administrative court, to the exclusion of any hierarchical appeal.
The fine is recovered in the same way as State debts other than taxes and duties. Objection to enforcement or opposition to prosecution does not have the effect of suspending action to recover the debt.