Chapter Vii Penal Provisions
LexInter | April 17, 2010 | 0 Comments

Chapter Vii Penal Provisions

  • Article R. 1227-1  

    Failure to make the declaration prior to hiring, provided for in article L. 1221-10, under the conditions determined in articles R. 1221-1 to R. 1221-6, is punishable by a fine. provided for fifth class tickets.

    Article R. 1227-2  

    The following is punishable by the fine provided for fourth class contraventions:
    1 ° To contravene the provisions of article R. 1221-8 relating to the delivery of a detachable cover to the employee or, failing that, not issue the employee with a written contract accompanied by the mention of the recipient organization of the prior declaration of employment;
    2 ° Not to provide the employee, when he is hired, a document on which is reproduced the information contained in the declaration prior to hiring concerning him, in disregard of the provisions of article R. 1221-9;
    3 ° Not to present at any request from the control officers mentioned in article L. 8271-7 the notice of receipt provided for in article R. 1221-7 or, until he has received this notice of receipt, not to communicate to them the elements allowing them to verify that they have made the prior declaration of hiring of the employee, in disregard of the provisions of article R. 1221-12.

    Article R. 1227-3  

    Failure to inform the public employment service of a hiring or the termination of an employment contract, in disregard of the provisions of article L. 1221-16 and of the decree adopted for its application , is punished by the fine provided for contraventions of the fourth class.

    Article D. 1227-4  

    Failure to provide the information provided for in articles D. 1221-29 to D. 1221-31, relating to the monthly statement of employment contracts, is punishable by the fine provided for contraventions of the fourth class.

    Article R. 1227-5  

    Failure to comply with the provisions of: 1 ° Articles L. 1225-1 to L. 1225-28 as well as those of articles R. 1225-1, R. 1225-3 is punished with the fines provided for for fifth class contraventions. , R. 1225-4, R. 1225-11, relating to the protection of pregnancy and maternity;
    2 ° Articles L. 1225-35 and L. 1225-36, relating to paternity leave;
    3 ° Articles L. 1225-37 to L. 1225-45, relating to adoption leave;
    4 ° Articles L. 1225-47 to L. 1225-52 and L. 1225-55, relating to parental leave and the transition to part-time work for the education of a child;
    5 ° Articles L. 1225-66 and L. 1225-67, relating to resignation to raise a child.
    The repeat offense provided for in this article is punished in accordance with articles 132-11 and 132-15 of the penal code .

    Article R. 1227-6  

    Disregarding the provisions of Articles L. 1225-29 to L. 1225-33, relating to the prohibition of prenatal and postnatal employment as well as breastfeeding, is punishable by the fine provided for contraventions of the fifth class, pronounced as many times as there are employees concerned by the infringement.
    The repeat offense provided for in this article is punished in accordance with articles 132-11 and 132-15 of the penal code .
    In the event of more than one offense leading to the penalties for recidivism, the fine is applied as many times as new offenses have been noted.

    Article R. 1227-7  

    Disregarding the provisions of: 1 ° Article L. 1221-10, relating to the declaration prior to hiring;
    2 ° Articles L. 1221-13 and L. 1221-15, D. 1221-23 to R. 1221-26, relating to the single personnel register;
    3 ° Articles L. 1221-17 and R. 1221-32 to R. 1221-33, relating to other cases of prior declaration.
    This fine is applied as many times as there are people employed in conditions liable to be penalized under the provisions of this article.

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