Where the service provider which uses the services of a direct subcontractor is informed in writing by the ITM of the partial or total non-payment of the statutory or contractual wage due to the workers, or of any other infringement of the public policy provisions referred to in Article L.010-1 of the Labour Code, it shall immediately serve an injunction, by registered letter with acknowledgement of receipt, requiring the subcontractor to bring that situation to an end without delay.
The undertaking referred to in the injunction must confirm within eight days of the notification of the injunction by the service provider, by registered letter with acknowledgement of receipt, that it has proceeded to regularise the situation. It shall in the same period of time send a copy of its reply to the ITM.
If no written reply from the subcontractor is received within the above-mentioned period of eight days during which it must confirm the regularisation, the service provider shall give notice to the ITM within a period of eight days starting on the expiry of the said eight-day period during which the subcontracting undertaking must confirm the regularisation.
If it fails to fulfil its obligations of injunction and information, the service provider shall be required, jointly and severally with the subcontracting undertaking, to pay the remuneration, indemnities and charges due to the workers of the latter, including the social security contributions relating thereto.
The service provider shall also be liable to an administrative fine of an amount of between EUR 1,000 and EUR 5,000 per worker and between EUR 2,000 and EUR 10,000 in the event of repeated offences within a period of 2 years following the notification date of the first fine. The total amount of the fine may not exceed EUR 50,000.
Moreover, the responsibility of the service provider shall be limited to the rights acquired by the worker by virtue of the contractual relationship between the service provider and its direct subcontractor.