Evaluation of the Employers Sanctions Directive

La Strada International, a European NGO platform with 32 members across 24 countries, welcomes the European Commissions evaluation of the Employers Sanctions Directive. We like to stress that the evaluation should focus not only on legal transposition and enforcement activity, but on whether workers can effectively exercise their rights in practice, particularly those in irregular situations and victims of severe…

In 2026, the Commission will launch an evaluation of the Directive to assess whether it is still fit for purpose and to identify how it can be made more effective in the light of lessons learned. The evaluation will analyse the effectiveness of the Directive and include a stress test to ensure that it remains relevant and well adapted to its objectives.

Filed in Italian · English published by the European Commission

IOM welcomes the Employers Sanctions Directive evaluation and recommends it places a stronger emphasis on protective measures, including assessing whether the Directive enables safe reporting, effective access to information, justice, remedy and redress, while ensuring accountability across recruitment and subcontracting chains and coherence with relevant EU acquis.

The attached contribution presents evidence from two HorizonEurope Projects: DignityFIRM and I-Claim (2023-2026) that focused on improving the rights om irregularized migrant workers. There is a clear synergy of the two projects findings.

The provisions in the directive aimed at protecting undocumented workers are important. We have been able to use provisions to achieve positive outcomes in a few countries, where efforts have been invested in implementation. However, the efficacy of these provisions is hugely undermined by implementation barriers.

The Belgian Federal Migration Centre (Myria) contributes to this consultation as one of the actors designated as a complaint mechanism under Article 13 of Directive 2009/52/EC. Although several Belgian organizations have been entrusted with legally representing and defending undocumented TCWs, no structural funding has been allocated to support this role.

The CGT presents two examples setting out the shortcomings of this Directive. First of all, I consider it essential to address the general philosophy of the Directive. The problem is not immigrationbut the pervasive pursuit of profit maximisation. This is the vulnerability of workers which is a source of overexploitation, which is linked to administrative and social precariousness.

Filed in French · English published by the European Commission

We consider that the mechanisms established by Directive 2009/52/EC have proven to be effective in practice, both in reducing the illegal employment of third-country nationals who are staying illegally and also in ensuring the protection of their rights in the context of employment.

Since the transposition of the Directive into Greek law and its implementation, the Labour Inspectοrate has been designated as the primary enforcement mechanism for combating the illegal employment of third-country nationals.

Finance Denmark/Employers supports the objective of combating illegal employment. Any amendments to the Directive should be proportionate and should not impose additional administrative burdens on businesses that already comply with the rules.

The Government of the Azores submits the attached contribution as part of the public consultation on the evaluation of the Employer Sanctions Directive 2009/52/EC. The document presents the comments of the Autonomous Region of the Azores on the implementation of the Directive and identifies aspects that it considers relevant for its evaluation and possible revision, taking into account the specificities of the…

Filed in Portuguese · English published by the European Commission

The European Federation for Family Employment and Home Care (EFFE) welcomes the European Commissions evaluation of Directive 2009/52/EC. EFFE fully supports the objectives of preventing undeclared and illegal employment of third-country nationals and protecting workers from exploitation.

Republic of Slovenia welcomes the European Commissions evaluation of Directive 2009/52/EC of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals (the Employers Sanctions Directive or Directive).

The Czech Republic considers that any future evaluation of Directive 2009/52/EC should take into account not only its contribution to sanctioning employers of illegally staying third-country nationals, but also its practical effectiveness in protecting workers exposed to labour exploitation.

The Directive remains a key regulatory instrument for penalizing employers who fail to meet their obligations, while also serving as a framework for protecting workers' rights. The Directive has established a framework for legal migration by mandating adequate working conditions and helping to reduce incentives for irregular employment.

SIRS contributes to this consultation as part of its task of coordinating the fight against illegal work and consolidating the information of the competent inspection services. The observations relate mainly to the inspections referred to in Article 14, the follow-up of their results and cooperation between authorities. They do not constitute an assessment of the practices specific to each Belgian service.

Filed in French · English published by the European Commission

On the basis of the Belgian experience, we note that the Sanction Directive provides the necessary legal grounds to protect workers’ rights and sanction abusive employers. In practice, the Directive introduces key provisions which, when correctly transposed and applied in the Member States, provide valuable and effective levers for redress mechanisms.

Filed in French · English published by the European Commission

In Finland, the Finnish Immigration Service is the authority that may impose an administrative penalty fee on an employer who has hired a third-country national residing in Finland illegally (a sanction under Article 5 of the Directive).

Contribution to the Evaluation of the Employers Sanctions Directive The Smile of the Child The Smile of the Child welcomes the European Commission’s evaluation of the Employers Sanctions Directive and the opportunity to contribute from a child protection perspective.

Opening of the attached position paper · the full paper is on the Commission’s record (source link above)

ETUC remains critical of the underlying purpose of this Directive as a tool of immigration control rather than one designed to prevent labour exploitation and improve the working conditions of undocumented migrant workers.

Workers rights and employer sanctions should not be viewed as competing objectives. UNDOKs counselling experience shows that the main challenge in Austria is not the absence of rights under the Employers Sanctions Directive, but whether workers can effectively exercise those rights in practice.

Within the framework of the ongoing evaluation of the Employers Sanctions Directive by the Member States, we submit the following proposals: Strengthening the harmonisation and uniform implementation of the Directive: There is a need to adopt a practical guidance document aimed at reducing the existing disparities between Member States and ensuring a consistent level of implementation of EU legislation.

The Directive is of significant importance both for combating irregular migration and for protecting the labour rights of third-country nationals, preventing labour exploitation, and ensuring fair competition among employers. However, more than 15 years after its adoption, practical experience with the implementation of the Directive demonstrates the need to update the European legal framework.

Bulgaria has transposed the key requirements, but practical effectiveness could be enhanced through better information exchange, a clearer distinction between migration status and the right to work, more effective employer oversight, and improved cross-border cooperation.

The feedback proposes evidence continuity as a practical way to assess whether the Employers Sanctions Directive works effectively from inspection through enforcement and worker remedies. The core question is whether facts already established by a competent authority can remain attributable, current and usable at later stages without unnecessary re-collection or re-verification.

FH appreciates the opportunity to give consultation regarding the employer sanctions directive. First of all, the employer sanctions directive is incredibly important to hinder illegal labour migration, that leads to misuse and abuse of the workers involved and the relevant labour rights.

The Spanish Ministry of Equality is developing a major comprehensive legislative project against trafficking and exploitation of human beings. One of the main challenges of this law has been to integrate the fight against trafficking for labour exploitation into the Spanish legal system, due to the legislative deficit that exists both in the criminal configuration of this crime and in the detection, identification…

Filed in Spanish · English published by the European Commission