Failure by the posting undertaking to fulfil its obligations regarding the posting declaration, communication of required documents and non-compliance with the obligations of verification, information and injunction by the service provider which uses the services of a direct subcontractor shall be liable to an administrative fine of between EUR 1,000 and EUR 5,000 per posted worker and between EUR 2,000 and EUR 10,000 in cases of repeated offences within a period of 2 years after the notification date of the first fine.
It should be noted that the total amount of the fine may not exceed EUR 50,000.
Moreover, the Director of the ITM may order a cessation of works in the event of serious infringements of the provisions of Articles L.142-3 and L.281-1.
An employer upon whom has been imposed an administrative fine and who has failed to pay the relevant amounts within the time limit set in the Director's decision may be penalised by an order issued by the Director of the ITM for cessation of works.
In order to pronounce the cessation of works, the Director of the ITM shall take account of the circumstances and gravity of the infringement and the conduct of the perpetrator thereof.
With regard to penalties in respect of the conditions concerning accommodation of workers away from their usual place of work, please refer to FAQ D15a50.