Magazine article European Social Policy

Illegal Work : A Proposal for Sanctions on Employers

Magazine article European Social Policy

Illegal Work : A Proposal for Sanctions on Employers

Article excerpt

European Commission has presented, on 16 May, a proposal for a Directive that aims to reduce the employment of third-country nationals who are illegally staying in the EU. The proposal provides for sanctions on employers, not workers.

Liability. It covers not only natural or legal persons employing others in the course of business activities, but also private individuals when they act as employers.

Preventive. As a preventive measure, employers would be required before recruiting a third-country national to check that they have a residence permit or another authorisation for stay. Employers who are a business would further be obliged to notify the competent national authorities. Employers who can show that they had carried out those obligations would not be liable to sanctions.

Sanctions. Employers of illegally staying third-country nationals who have not carried out the pre-recruitment check would be liable to sanctions consisting of: fines (including costs of returning illegally staying third-country nationals); repayment of outstanding wages, taxes and social security contributions, and if appropriate, other administrative measures, including loss of subsidies (including EU funding) for up to five years and disqualification from public contracts for up to five years.aThe Commission proposes also criminal penalties in serious cases: repeated infringements, employment of at least four third-country nationals, particularly exploitative working conditions, and where the employer knows that the worker is a victim of human trafficking. …

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