New, tougher sanctions on illegal worker hiring

A communications spokesperson for the EU Parliament told FoodProductionDaily.com that the 'Sanctions Directive' was given approval in a vote at a plenary session of the EU parliament earlier today but final resolution of the new ruling is postponed to the next plenary session in Brussels.

Penalties ​

According to this ruling, fines on companies will be in proportion to the number of illegal immigrants employed, and payment of overdue taxes and contributions will also have to be covered.

In addition, guilty firms will be excluded from public procurement tenders and aid for up to five years, while criminal sanctions would also follow should the employer re-offend or use a large number of illegal migrants, or if there is evidence of violence, exploitation or human trafficking.

The new legislation, which already has the backing of the European Commission and EU member states, has been steered through the European Parliament by Italian Socialist MEP Claudio Fava. It is set to come into force in 2011.

EU member states, according to the new rules, will have to conduct ‘effective and adequate inspections’ to control employment of illegally staying non EU nationals; they must also require employers to check that their non-EU employees have a valid residence permit and inform a national authority of any new recruitment of non-EU nationals.

Industry reaction ​

Angela Coleshill, director of human resources at the UK industry body, the Food and Drink Federation (FDF), told this publication that it does not condone illegal working practices, and moreover, it said it believes its members act responsibly in these matters.

The Confederation of the EU Food and Drink Industries (CIAA) said that it did not have a position on the ruling at this time.

A lobby group for companies based in the EU, BusinessEurope, raised objections to some parts of the legislation, claiming it places a heavy administrative burden on companies and includes too severe penalties.

Catelene Passchier of the European Trade Union Confederation (ETUC) argued that "taking measures against employers sounds nice, but experience in the ​US​ has shown that it drives a lot of the illegal work further underground.”​

Common policy​

The European Union, with this legislation and two other directives, is aiming to create a common immigration policy with the objective of preventing illegal immigration and encouraging legal migration. In recent months, the Parliament has worked on the return directive, which harmonises the rules on the expulsion of illegal immigrants, and the ‘blue card’ designed to smooth the entry into the EU of skilled migrant workers who match the needs of the labour market in member states.