Evaluation of the Employers Sanctions Directive

37 submissions in the snapshot (28 from organisations), portal total 37. Feedback list on the portal.

28 of 28 organisation submissions analysed; the model reads them as: opposes 2 supports 5 wants changes 18 3 held back for review (low confidence).

• Delegación del Gobierno contra la Violencia de Género. Ministerio de Igualdad de España. Public authority, ESP model reads as: wants changes source
  • Incorporate the protection of victims' rights into the upcoming evaluation of the Employers Sanctions Directive.

    That is why we consider it essential that a future evaluation of the Directive take into account the impact that this regulation has on the protection of victims’ rights.

    machine translation by the Commission, original in ES
  • Assess safeguards in complaint mechanisms and remove conditions making victim support dependent on cooperation with law enforcement.

    In this regard, we consider it essential to review this aspect and for the Directive to be aligned with European standards on combating trafficking and exploitation of human beings, which establish a clear mandate not to make assistance and support conditional on collaboration with law enforcement and judicial authorities.

    machine translation by the Commission, original in ES
  • Ensure worker protection takes precedence over migration control during labour inspections.

    From the point of view of combating trafficking and labour exploitation with a victim-centred approach, worker protection should take precedence over migration control mechanisms.

    machine translation by the Commission, original in ES
• Fagbevægelsens Hovedorganisation - Danish Trade Union Confederation Trade union, DNK; register: Trade unions and professional associations model reads as: wants changes source
  • Increase focus on the inspection and enforcement of the rules.

    Thus, more focus on the inspection and enforcement of the rules is necessary.

  • Further develop recital 28 and articles 13 and 14 to facilitate actual enforcement.

    The directives recital 28, as well as articles 13 and 14 must be developed further and facilitate the actual enforcement of the rules.

• GLI EA Public authority, BGR model reads as: wants changes source
  • Examine the possibility of revising the European legal framework.

    Therefore, we support a thorough evaluation of Directive 2009/52/EC and consider that the possibility of revising the Directive should be examined.

  • Emphasize digital data exchange and interoperability between competent national authorities.

    Therefore, any future revision of the Directive should place greater emphasis on digital data exchange and interoperability between the competent national authorities, while ensuring full compliance with data protection rules.

  • Consider introducing European rules on subcontracting chain liability, due diligence, and claim recovery.

    In the context of the revision of the Directive, consideration should be given to the possibility of introducing: - minimum European rules concerning liability throughout subcontracting chains; - an obligation for the main contractor to carry out an appropriate level of due diligence; - clear rules concerning the establishment of knowledge or fault; - liability where subcontractors are knowingly used to circumvent the applicable rules; - effective access for workers to the recovery of their claims.

• Ministry of Labour and Social Security Public authority, GRC model reads as: wants changes source
  • Adopt a practical guidance document to reduce implementation disparities across Member States.

    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.

  • Strengthen inspection mechanisms through systematic and targeted risk-assessment methods.

    The effectiveness of the Directive could be enhanced through more systematic and targeted inspections, making use of modern risk-assessment methods.

  • Publish an information guide for third-country nationals to clarify their rights.

    We propose the publication of a relevant Information Guide for Third-Country Nationals.

• Micro company, AUT NGO, AUT model reads as: wants changes source
  • Focus the evaluation on identifying implementation gaps and clarifying existing protective provisions.

    The evaluation should therefore first focus on identifying and addressing these gaps and on clarifying how the existing protective provisions should work in practice.

  • Ensure undocumented workers can safely report violations and recover unpaid wages.

    The European Commission should support Member States in strengthening the national implementation of the Employers Sanctions Directive by ensuring that undocumented workers can safely report violations and effectively recover unpaid wages.

  • Assess post-inspection outcomes such as information access, support referral, and wage recovery.

    The evaluation should therefore ask what happens after an inspection: Are workers informed of their rights? Are they referred to independent support? Can they submit a claim? How many claims are pursued, what amounts are awarded, and how much is actually recovered?

• ETUC Trade union, BEL; register: Trade unions and professional associations model reads as: wants changes source
  • Prioritize correct enforcement of existing protective provisions rather than reopening the Directive for legislative revision.

    Therefore, we believe that the priority must be the correct enforcement of the existing protective provisions, particularly on access to complaint mechanisms, back payments, residence permits and information through funding, monitoring and, where necessary, infringement procedures.

  • Implement effective firewalls between labour inspectorates and immigration authorities.

    Effective firewalls between labour inspectorates and immigration authorities must be implemented as well as a ban on the transfer of workers' data to immigration services without consent.

  • Clarify that Member States should decouple residence permits from criminal proceedings for workers pursuing labour claims.

    The Commission should clarify that Member States should decouple permits from criminal proceedings and grant them to workers pursuing labour complaints, using existing discretion under the Directive and national prerogative.

• SIIS - Social Information and Investigation Service Public authority, BEL model reads as: wants changes source
  • Specify recorded units and scopes to improve statistical comparability across inspections under Article 14.

    In order to assess the effectiveness of Article 14, it would be useful to specify the unit and scope recorded, to report methodological breaks and to link, where possible, the checks, the employers and workers concerned, the illegally staying third-country nationals detected and the follow-up given.

    machine translation by the Commission, original in FR
  • Examine common definitions and indicators for monitoring while avoiding unnecessary administrative burden.

    The evaluation could examine whether a limited number of common definitions and indicators would allow better monitoring of the application of the Directive, from detection to enforcement of sanctions.

    machine translation by the Commission, original in FR
  • Strengthen the role of the Commission in facilitating cross-border cooperation and risk analyses.

    A stronger role for the Commission could support this cooperation through IJCs, exchanges of practices, support for risk analyses, etc.

    machine translation by the Commission, original in FR
• EFFE Other, BEL; register: Non-governmental organisations, platforms and networks and similar model reads as: wants changes source
  • Explicitly recognise the household employer as a distinct category within the EU policy framework.

    EFFE also considers that the EU policy framework should explicitly recognise the household employer as a distinct category of employer.

  • Encourage Member States to introduce one-stop-shop systems and simplified administrative declaration tools for households.

    Member States should be encouraged to provide one-stop-shop systems enabling households to declare employment, manage wages and social contributions, fulfil tax obligations and access relevant information.

  • Promote financial incentives such as tax credits and deductions to encourage formal employment.

    EFFE calls on the Commission to recognise the specific situation of household employment and the household employer, strengthen simplified administrative and digital tools for declaration, and encourage financial incentives such as tax credits and deductions.

• Confédération Générale du Travail - CGT Trade union, FRA; register: Trade unions and professional associations model reads as: wants changes source
  • Facilitate access to residence permits for workers where there is evidence of employment.

    Facilitating access to residence permits, in particular for workers where there is evidence of work.

    machine translation by the Commission, original in FR
  • Establish the legal liability of principals in subcontracting chains.

    Recognition of the liability of principals.

    machine translation by the Commission, original in FR
  • Limit the number of subcontracting tiers.

    Limiting the number of sub-contracting levels.

    machine translation by the Commission, original in FR
• Myria - Federal Migration Centre Other, BEL model reads as: wants changes source
  • Allocate dedicated financial resources to support designated complaint mechanisms.

    Any revision should therefore provide dedicated financial support for complaint mechanisms.

  • Establish stronger legal safeguards against detention and return for undocumented workers reporting abuses.

    The Directive should therefore introduce stronger safeguards for undocumented workers who report labour rights violations or exploitation.

  • Clarify residence permit entitlements during proceedings for undocumented workers suffering labour exploitation outside human trafficking.

    The directive should therefore further clarify the right to residence permit during the proceedings for undocumented TCW who have lodged a complaint and who are, or were, in a situation of labour exploitation other than human trafficking.

• DigitalTrade4.EU Other, EST; register: Other organisations, public or mixed entities model reads as: wants changes source
  • Assess whether established facts can remain usable across stages without unnecessary re-collection.

    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.

  • Maintain a strict separation between discoverability of records and access to their content.

    Discoverability of a relevant record should remain distinct from access to its contents.

  • Focus on better organizational coordination and proportionate reuse rather than creating a new EU database.

    Digital tools are treated only as one possible enabler: the primary objective is better organisational coordination, clearer procedures and proportionate reuse of existing evidence, not the creation of a new EU database or technical architecture.

• Micro company, BEL NGO, BEL model reads as: wants changes source
  • Improve the practical application and enforcement of the Directive rather than amending its core text.

    We therefore focus our efforts on improving its practical application and on clear lines of interpretation addressed to national authorities.

    machine translation by the Commission, original in FR
• Ministerstvo práce a sociálních věcí ČR Public authority, CZE model reads as: wants changes source
  • Evaluate and ensure the practical enforcement of claims for unpaid wages and employment rights.

    The practical enforcement of claims for outstanding wages and other employment-related rights.

  • Assess whether existing complaint mechanisms allow safe reporting without adverse consequences for workers.

    Consideration should be given to whether existing mechanisms genuinely enable affected individuals to safely report cases of labour exploitation or illegal employment without fear of disproportionate consequences for their legal or personal situation.

  • Assess the effectiveness and deterrent impact of ancillary sanctions beyond financial penalties.

    The evaluation should not focus solely on financial penalties but should also assess the use of other measures provided for in the Directive, such as exclusion from access to public subsidies, grants, public support schemes or public procurement procedures.

• Ministry of the Economy, Labour and Sport Public authority, SVN model reads as: wants changes source
  • Conduct an evidence-based evaluation focusing on practical implementation and enforcement.

    Slovenia considers that the evaluation should be evidence-based and should take into account not only the existence of the relevant legal provisions at national level, but also their practical implementation and enforcement.

  • Identify whether provisions require clarification or adaptation to reflect developments in labor markets and migration patterns.

    At the same time, the evaluation should identify whether certain provisions require clarification or adaptation in light of developments in migration patterns, labour markets, forms of employment and subcontracting, as well as the increasing need for effective cross-border cooperation.

• Finance Denmark/Employer Business association, DNK model reads as: wants changes source
  • Ensure any amendments do not impose additional administrative burdens on compliant businesses.

    Any amendments to the Directive should be proportionate and should not impose additional administrative burdens on businesses that already comply with the rules.

  • Protect employers acting in good faith from sanctions due to unknown changes in employee status.

    At the same time, it is important that employers who have acted in good faith and fulfilled their verification obligations are not subject to sanctions as a result of changes to an employee's residence or work permit status that are unknown to the employer.

  • Focus on improved digital solutions and information sharing between authorities and employers.

    The emphasis should instead be on improved information sharing and digital solutions between national authorities and employers.

• General Inspectorate for Immigration Public authority, ROU model reads as: supports source
  • Launch EU-level awareness-raising campaigns on rights, obligations, and legal consequences.

    As regards other elements that could contribute to further improve the Directive's effectiveness, we appreciate that Member States could be supported in its implementation by launching, at EU level, of awareness-raising campaigns targeting both employers and employees, focusing on their rights and obligations, as well as on the consequences of non-compliance with the law in this area.

  • Develop best-practice guides and dedicated staff training courses.

    Other measures could include the development of a best-practice guide and dedicated training courses for the staff involved.

• PICUM NGO, BEL; register: Non-governmental organisations, platforms and networks and similar model reads as: opposes source
  • Refrain from opening a legislative revision of the Directive in the current political context.

    Finally, we would have serious concerns that any revision of the directive in the current political context would take a counterproductive and repressive direction regarding, rather than strengthening, the protection of undocumented workers, and therefore strongly advise against revising the directive.

  • Prioritise guidance and support for national authorities to address implementation barriers rather than amending the law.

    While certain provisions could be strengthened in law, we would recommend efforts be invested in addressing these barriers to promote effective implementation of the existing provisions.

  • Focus enforcement on penalising employers for rights violations, tax evasion, and abusive practices.

    Efforts should focus on sanctioning employers for violating workers rights, for tax and social security evasion and for abuses, and measures to increase accountability and financial liability in practice, to close the loopholes that employers use to evade payment.

• International Organization for Migration (IOM) Other, CHE model reads as: supports source
  • Place a stronger emphasis on protective measures such as safe reporting, access to remedy, and accountability across subcontracting chains in the evaluation.

    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.

  • Make residence permits accessible for proceedings without conditioning assistance on formal human trafficking identification or criminal cooperation.

    Access to residence permits should be available where needed for proceedings or effective remedy, without making information, complaint support or wage recovery dependent on trafficking identification or criminal cooperation.

  • Evaluate the Directive for coherence with related EU legal frameworks on trafficking, labour mobility, and corporate due diligence.

    Finally, the evaluation should assess the Directives coherence with related Union frameworks on trafficking, labour mobility, undeclared work, victims rights, corporate due diligence and forced labour.

• La Strada International NGO, NLD; register: Non-governmental organisations, platforms and networks and similar model reads as: wants changes source
  • Examine the establishment of a clear firewall between labour enforcement and immigration control.

    The evaluation should therefore examine the need for a clear firewall between labour-rights enforcement and immigration control, ensuring that workers seeking protection or remedies are not exposed to immigration consequences.

  • Prioritise the effective practical implementation of the existing Directive before pursuing legislative revisions.

    La Strada Internationals central recommendation is to prioritise effective implementation of the existing Directive before pursuing legislative revision.

  • Broaden accountability across complex subcontracting and recruitment arrangements.

    Accountability should extend, where appropriate, beyond immediate employers to recruiters, intermediaries, contractors and other actors benefiting from abusive arrangements.

• Migration directorate Other, BGR model reads as: wants changes source
  • Enhance practical effectiveness through improved information exchange, oversight, and cross-border cooperation.

    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.

• Ministry of Inclusion, Social Security and Migration Public authority, ESP model reads as: supports source
  • Strengthen labor standards in vulnerable sectors to combat human trafficking and exploitation.

    Furthermore, provision is made for strengthening labor standards in the most vulnerable sectorsan essential step for preventing exploitationand for taking action against human trafficking and exploitation linked to migration processes.

• Hellenic Labour Inspectorate Public authority, GRC model reads as: supports source
  • Strengthen information exchange and cooperation among Member States.

    The strengthening of cooperation among Member States to address this phenomenon through the exchange of information between the authorities involved in the implementation of the Directive.

  • Place particular emphasis on investigating labor trafficking cases to protect rights.

    Particular emphasis should be placed on investigating such cases with tangible results in order to protect their rights.

  • Provide Commission guidelines and new methods to support high-risk sector inspections.

    In this regard, the role of the Commission is significant in providing general guidelines, instructions, new methods, and techniques that will support Member States in detecting illegal employment in high-risk sectors.

• Centre for Migration Law, Radboud University Academic or research institution, NLD model reads as: wants changes source
  • Improve the implementation of the Employers Sanctions Directive to ensure Member States protect migrant workers effectively.

    Simply put: the European Commission could and should improve the (implementation of) the Employers Sanctions Directive in order to make the Member States provide effective protection to migrant workers.

• Micro company, ITA Company, ITA model reads as: opposes source
  • Reopen the consultation to redraft unclear concepts.

    These are unclear concepts to be redrafted by reopening the consultation.

    machine translation by the Commission, original in IT
• The Smile of the Child NGO, GRC; register: Non-governmental organisations, platforms and networks and similar model reads as: supports source