D15a48 - What are the obligations of injunction and information of the service provider which uses the services of a direct subcontractor regarding accommodation of a worker away from his usual place of work?

Where the service provider which uses the services of a direct subcontractor is informed in writing by the ITM of the fact that a worker of the subcontractor away from his usual place of work is accommodated in conditions contrary to the provisions governing accommodation of a worker away from his usual place of work, it shall within eight days as from this information 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 without delay in the same period of time send a copy of its reply to the ITM.

If no written reply from the undertaking is received within the above-mentioned period of eight days, the service provider shall give notice to the ITM thereof within a period of eight days starting on the expiry of the said eight-day period mentioned in the foregoing paragraph.

Infringement by the service provider of its obligations of injunction and information stipulated in Article L.291-2 (4) paragraphs 1 to 3 shall give rise to liability to an administrative fine of EUR 251 to EUR 125,000 and imprisonment of between eight days and five years or either of those penalties.

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