This EMN study documents the illegal employment of third-country nationals in EMN Member Countries between 2017-2022, building on the earlier EMN study until 2017. It includes an up-to-date analysis of key legislative and policy frameworks and practices to prevent, identify and tackle the illegal employment of third-country nationals, including beneficiaries of temporary protection (BoTP). It also provides examples of challenges and good practices.
The study classifies third-country nationals engaged in illegal employment into three main groups: those legally residing but working undeclared; those legally residing but violating the terms of their residence or work permit; and those irregularly staying and working in the country. It also considers cases of illegal self-employment, notably in platform work, which can fit into any of these categories.
The study found that between 2017 and 2022, all EMN Member Countries actively conducted on-site inspections to tackle the illegal employment of TCNs. Most countries integrated this effort into broader labour inspections. Six countries in the EMN reported increased yearly general labour inspections: for instance, Greece’s annual inspections increased in all sectors since 2017, with a 13% rise in 2022 compared to 2021. Other countries report success in finding more violations and hiring more inspectors. The increase in the number of labour inspectors on the ground in Luxembourg, from 22 in 2018 to 86 in 2021, significantly enhanced the detection of illegal employment of TCNs with twice as many cases detected in 2022 compared to 2021. Four countries specifically conducted targeted inspections focused on TCNs in situations of illegal employment.
The study indicated that small to medium-sized enterprises (SMEs) are the most common employers of illegally employed TCNs, particularly in sectors such as construction, accommodation, food services, manufacturing, agriculture, forestry, and fishing. Sectors increasingly vulnerable to illegal employment practices include beauty and wellness, delivery services, security services, event management, and demolition work.
The study shows that EMN Member Countries have improved cooperation between national actors and with other countries and sectors. Since 2017 new schemes for better collaboration between national agencies involved in prevention and enforcement efforts have been introduced. Labour inspectorates often collaborate with immigration and asylum services, financial and tax authorities, law enforcement and border control, social security and insurance agencies, and occupational safety and health authorities. Cross-border cooperation has also increased, using new initiatives like the European Labour Authority’s (ELA) European Platform tackling undeclared work.
The study found that the consequences for TCNs caught working illegally depend on their residence status and whether they currently have or previously had a work permit. Penalties range from revoked or denied residence permits to return decisions and fines. For example, in Ireland, immigration permission can be withdrawn and the employment permit revoked, subjecting the person to the same removal process as those found irregularly present in the state. However, special procedures are in place in most EMN Member Countries for victims of exploitation or human trafficking, such as granting temporary residence permits or activation of an application for international protection.
See also:
Illegal employment of third-country nationals: 2017 – 2022 EMN Inform
Illegal employment of third country nationals: 2017 – 2022 EMN Flash
