Chapter II: Administrative penalties.

Articles in this section · 5

L8272-1L8272-2L8272-3L8272-4L8272-5

Article L8272-2

French Labour CodeIn force
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Updated 5 Nov 2023

When the administrative authority is aware of an official report of an infringement provided for in 1° to 4° of Article L. 8211-1 or of a report drawn up by one of the control officers mentioned inArticle L. 8271-1-2 establishing a breach of the provisions of the same 1° to 4°, it may, if the proportion of employees concerned so warrants, having regard to the repetition or seriousness of the offences established, order by reasoned decision the temporary closure of the establishment used to commit the offence, for a period not exceeding three months. It shall immediately notify the public prosecutor.

The temporary closure is automatically lifted if the offender is acquitted or the case is dismissed. When a temporary administrative closure has been decided by the administrative authority prior to a criminal judgment, its duration is deducted from the duration of the additional penalty of closure referred to in 4° of article 131-39 of the Criminal Code, for a period of up to five years of the establishments or one or more of the establishments of the business that were used to commit the offences, ordered, where applicable, by the criminal court.

The temporary closure measure may be accompanied by the precautionary seizure of the offenders' business equipment.

When the company's activity is carried out on building or public works sites or in any place other than its head office or one of its establishments, the temporary closure takes the form of a cessation of the company's activity on the site where the offence or breach was committed.

When the temporary closure in accordance with the procedures mentioned in the fourth paragraph has become pointless because the activity has already been completed or has been interrupted, the administrative authority may, under the conditions set out in the same paragraph, order the company to cease activity at another site.

The procedures for applying this article and the conditions for its implementation are laid down by decree in the Conseil d'Etat.

Mariela Petrova

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Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

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Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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