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 times the hourly rate of the guaranteed minimum provided for in article L. 3231-12. This amount may be reduced in the event of non-cumulation of offences or in the event of spontaneous payment by the employer of the wages and allowances due to the foreign employee not authorised to work referred to in article R. 8252-6. It is then, at most, equal to 2,000 times this same rate. It may be increased in the event of a repeat offence and is then, at most, equal to 15,000 times this same rate.
The Office français de l’immigration et de l’intégration is responsible for establishing and setting the amount of this contribution on behalf of the State in accordance with the terms and conditions defined by agreement.
The State is the authorising officer for the special contribution. In this capacity, it settles and issues the collection order.
The competent public accountant is responsible for recovering this contribution in the same way as for receivables other than taxes and property taxes.