Brussels, 04/02/2009 (Agence Europe) - On Wednesday 4 February, the European Parliament adopted a raft of amendments to the directive establishing sanctions against people who employ illegal immigrants, but postponed the formal adoption of its position until its forthcoming plenary session in Brussels. The debate, which took place during the plenary session the day before, revealed that the majority of MEPs support a compromise negotiated between the rapporteur, the Italian Claudio Fava, and the Presidency of the Council (EUROPE 9832).
The "sanctions" directive provides to bring in minimal sentences at European level against those who employ illegal immigrants, to include fines, the payments of arrears for the salary as it would have been under legal conditions, or a ban on taking part in public calls for tender or from receiving national or European aid for a period of up to five years. The text also provides for criminal sanctions against employers in more serious cases: repeat offences, employing large numbers of illegal immigrants, evidence of exploitative conditions, if the person employed is the victim of trafficking in human beings with the knowledge of the employer, or if the person employed is a minor. The employer will have to pay a sum equal to the total of tax and social security contributions which would have been paid if the third-country national had been employed illegally and, where applicable, the sum total of any costs incurred in sending the migrant back. The working relationship will, by default, be presumed to have gone on for at least three months in the absence of any proof to the contrary put forward by the employer or the worker. The procedures required for the worker to recover unpaid salary will be automatic. By request of the MEPs, the member states will have to provide for reduced financial sanctions for people using the services of illegal immigrants as household employees, as long as these working conditions do not constitute exploitation. The European Parliament also requires the member states to set in place mechanisms allowing illegal immigrants to be able to bring charges. Immigrants in an illegal situation could be granted a temporary residence permit if they cooperate with investigations against their employer. If the employer at fault is a subcontractor, his or her direct contracting party will also be held liable; the contracting party's liability will even be considered to be integral if it turns out that he or she was aware of the legal situation of the subcontractor. The member states are called on to carry out "efficient inspections and in sufficient number" to check the employment of third-country nationals in an illegal situation.
The rapporteur asked for the vote on the legislative resolution to be postponed, in order to add to the compromise negotiated with the Council a declaration stating that this text will not be an obstacle to the adoption of new legislation on sub contracting. The Assembly will therefore take position on the legislative resolution during the plenary session to be held in Brussels on 18 and 19 February. Once the Parliament has voted, the Council will have to adopt the directive formally. The member states will have two years after the date of publication in the Official Journal of the European Union to transpose the directive. In the European Union, there are between 4.5 and 8 million people working illegally in construction, agriculture, hostelry and other sectors. (B.C./transl.fl)