Bosses could face jail for hiring illegal workers

Employers who hire illegal workers will face fines, exclusion from public funds and contracts, closure and even jail under plans which the European Commission is to unveil today (16 May).

Governments will also have to ensure that illegal workers can lodge complaints against employers and will not be deported until outstanding wages, taxes and social security contributions are paid out.

Member states will have to carry out checks on at least 10% of companies for illegal workers and report to the Commission every three years on how the law is being implemented.

Franco Frattini, commissioner for justice, freedom and security, wants to introduce the law to ensure that EU member states reduce the "pull-factor" for illegal immigrants who come to Europe. All of the member states except Cyprus have sanctions against employers who hire illegal workers and 19 states have criminal sanctions, but the Commission wants to see a higher level of enforcement and more resources put into fighting the problem.

Criminal sanctions will apply to employers who repeatedly hire illegal workers or where there are at least four illegal workers. Criminal sanctions will also apply if the infringement involves "particularly exploitative working conditions" or if the employer is aware that an illegal worker is a victim of human trafficking.

Company outlets where the offences take place can be closed down permanently or temporarily and employers can be excluded from any public money or from participating in public contracts for up to five years. Employers will have to pay back any public money, aid or EU subsidies paid during the year prior to the discovery of the illegal employment. Employers will also have to pay for the costs of returning the illegal workers to their country.

Employers who hire illegal workers will face fines, exclusion from public funds and contracts, closure and even jail under plans which the European Commission is to unveil today (16 May).