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 situation.
The employer so ordered shall inform the person referred to in the first paragraph of the action taken in response to the injunction. If the injunction is not acted upon, the person referred to in the first paragraph may terminate the contract at the expense and risk of the other party.
The person who fails to comply with the first paragraph and his co-contractor shall be jointly and severally liable with the subcontractor employing the foreigner who is not authorised to work, for payment of the remuneration and charges, contributions and expenses referred to in Article L. 8254-2.