When the administrative authority is aware of an official report of an infringement provided for in 1° to 4° of Article L. 8211-1 or of a report drawn up by one of the control officers mentioned inArticle L. 8271-1-2 establishing a breach of the provisions of the same 1° to 4°, it may, if the proportion of employees concerned so warrants, having regard to the repetition or seriousness of the offences established, order by reasoned decision the temporary closure of the establishment used to commit the offence, for a period not exceeding three months. It shall immediately notify the public prosecutor.
The temporary closure is automatically lifted if the offender is acquitted or the case is dismissed. When a temporary administrative closure has been decided by the administrative authority prior to a criminal judgment, its duration is deducted from the duration of the additional penalty of closure referred to in 4° of article 131-39 of the Criminal Code, for a period of up to five years of the establishments or one or more of the establishments of the business that were used to commit the offences, ordered, where applicable, by the criminal court.
The temporary closure measure may be accompanied by the precautionary seizure of the offenders’ business equipment.
When the company’s activity is carried out on building or public works sites or in any place other than its head office or one of its establishments, the temporary closure takes the form of a cessation of the company’s activity on the site where the offence or breach was committed.
When the temporary closure in accordance with the procedures mentioned in the fourth paragraph has become pointless because the activity has already been completed or has been interrupted, the administrative authority may, under the conditions set out in the same paragraph, order the company to cease activity at another site.
The procedures for applying this article and the conditions for its implementation are laid down by decree in the Conseil d’Etat.