The offence of “marchandage”, as defined in article L. 8231-1, is punishable by two years’ imprisonment and a fine of €30,000.
The penalties are increased to five years’ imprisonment and a fine of €75,000:
1° When the offence is committed against more than one person ;
2° When the offence is committed against a person whose vulnerability or state of dependence is apparent or known to the perpetrator.
The penalties are increased to ten years’ imprisonment and a fine of €100,000 when the offence is committed by an organised gang.
As an additional penalty, the court may order confiscation under the terms and conditions set out inarticle 131-21 of the Criminal Code.
The court may also order a ban on subcontracting labour for a period of between two and ten years.
Failure to comply with this ban, either directly or through an intermediary, is punishable by twelve months’ imprisonment and a fine of 12,000 euros.
The court may also order, as an additional penalty, the posting or broadcasting of the decision handed down, under the conditions set out in article 131-35 of the Criminal Code. Where a fine is imposed, the court may order that the decision be published, for a maximum period of two years, by the services of the Minister for Employment on a dedicated website, in accordance with the conditions laid down by decree of the Conseil d’Etat issued after consultation with the Commission nationale de l’informatique et des libertés.