Failure by the posting undertaking of the obligations regarding accommodation of workers away from their usual place of work 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.
Infringement by the service provider using the services of a direct subcontractor 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 (cf. D15a48).
Moreover, where breaches relating to the conditions in which in which the worker is accommodated as referred to in Article L.291-2 paragraph 1 of the Labour Code, the Director of the ITM may order the owner or the natural or legal person responsible for the failure to comply with the requirements of Article L.291-2 paragraph 1 of the Labour Code, to bring the premises into compliance within a period to be determined by the Director.
If the safety or health of the workers is, or is likely to be, severely compromised by the conditions under which they are accommodated, the Director of the ITM may order the owner or the natural or legal person responsible for the failure to comply with the requirements of Article L.291-2 paragraph 1 of the Labour Code, to evacuate and, as the case may be, to close a dwelling or a room where the criteria referred to in Article L.291-2 are not complied with.
The Director of the ITM shall inform the mayor of the municipality in which the dwelling is located of the decision to evacuate or close the latter.
In case of need, the Director may affix seals to any parts of the dwelling, room, establishment or installation which have been closed and are, or are likely to become, a source of danger for the workers.
The measures mentioned above shall remain in effect until elimination of the danger or risks of danger or compliance with labour law has been certified by a member of the ITM.