In the event of failure to comply with the obligation to declare referred to in Article L. 8291-1, the employer or, where applicable, the user undertaking shall be liable to an administrative fine.
Failure to comply is subject to an administrative fine, which is imposed by the competent administrative authority on the basis of a reasoned report by a Labour Inspectorate official mentioned in Article L. 8112-1 or an official mentioned in 3° of Article L. 8271-1-2.
The maximum fine is €4,000 per employee and €8,000 in the event of a repeat offence 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 and the offender’s resources and expenses.
The limitation period for the administration’s action to impose an administrative fine for non-compliance is two years from the day on which the non-compliance was committed.
The employer or user company 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 government debts other than taxes and duties.