Illegal employment of third-country nationals in the European Union: EMN Synthesis Report

Abstract

This Synthesis Report [1] presents the main findings of the EMN Focussed Study on Illegal employment of third-country nationals in the European Union. The Study aims to map national policies and practices to prevent, identify and sanction illegal employment in the Member States.

The Study provides a brief overview of the contextual situation regarding illegal employment in Member States and investigates the extent to which illegal employment of TCNs is an issue in the participating EU Member States in this study.  The Study then examines each stage of the illegal employment ‘cycle’ for TCNs:

• preventive measures and incentives for employers and employees to avoid illegal employment practices, including risk assessment analysis carried out by national authorities;
• national authorities and organisations involved in the identification of illegal employment of TCNs and their cooperation between different players, and measures and techniques used to carry out inspections;
• sanctions for employers illegally hiring and/or exploiting irregularly and regularly residing third-country nationals (for instance criminal sanctions or administrative sanctions) as well as payment of unpaid taxes;
• outcomes for TCNs found to be working illegally (e.g. granting of residence permits (temporary or long-term), issuing of return decisions or the granting of a period for voluntary departure) and protective measures (e.g. back payment of salaries, access to justice, facilitation of complaints).

See also:

• Illegal employment of non-EU nationals in Ireland 
• Illegal employment of third-country nationals in the European Union: EMN Inform