Employers face tough EU penalties on illegal immigrants

Euro-MPs today voted for EU-wide criminal sanctions on employers hiring illegal immigrants.

The plan proposed by the European Commission is seen as one of the toughest pieces of judicial and social legislation yet attempted at EU level.

If approved by EU governments, it would involve financial penalties – criminal sanctions in the worst cases – and a ban on employers bidding for public sector contracts or receiving state aid for five years.

But the UK would not be affected because the Government will trigger its opt-out from EU legislation affecting justice and social policy.

However, the rules would drastically change the balance in the European fight against illegal migrant workers: employers would be criminalised and not the migrant. So, while their bosses would face action, the illegally-employed workers would be granted legal conditions of employment in the firm.

Earlier this month Labour MEP Claude Moraes commented: “Everyone is trying to reduce the ’pull’ factor of illegal immigration by tackling the employers of the illegal workers.

“But in my time as an MEP I don’t think I’ve seen a proposal that goes quite this far, with a move into criminal law in the field of social policy and specifically employment.”

Between 4.5 and 8 million illegal immigrants work in the construction, farming, hotel and other sectors in the EU – many encouraged by the high chance of finding work.

The so-called “sanctions directive” would introduce minimum EU-wide penalties against employers who could be fined, forced to pay wages in arrears at legal minimum levels, or banned from tendering for work for up to five years anywhere in the EU.

The Directive would also lay down criminal law penalties against employers for repeat offences, where a large number of illegal workers were employed, where the working conditions were “exploitative” and where the employee was known by the employer to be a victim of human trafficking.

The measure is part of a package of EU immigration proposals which include a blue card to attract skilled migrant labour and a “Returns Directive” for expelling illegal workers.