EU to come down hard on illegal employment of migrants
Employers who are illegally hiring immigrants to pay them low wages and avoid taxes had better beware because the EU plans to make this a criminal offence punishable by high fines and prison sentences.
The European Parliament's Civil Liberties Committee has just given the green light to this new legislation and all MEPs are expected to endorse the new rules during the next plenary session on February 19. The rules have already been agreed upon by member states.
Currently, illegal employment is tackled differently in the 27 member states. Through this directive, sanctions will be harmonised so that irregular immigrants are deterred from "employment shopping", while abusive employers are heavily punished.
The directive is aimed at reducing one of the main factors that attract illegal immigrants - some eight million are estimated to be working illegally in the EU at the moment.
It is well known that some Maltese companies, particularly in the tourism and construction sectors, employ illegal immigrants, paying them very low wages while denying them legal conditions. Through this directive, employers could be fined, forced to pay wages in arrears at legal levels or even banned, for up to five years, from bidding for public sector contracts or receiving state aid - whether national or from the EU.
The rules will also lay down criminal law penalties against employers for repeat offences; where a large number of people in an irregular situation are employed; where the working conditions are exploitative; where the employee is a victim of human trafficking and this is known to the employer; or where the employee is a minor.
The directive says that an employer who is found guilty must refund any state aid received the previous year and pay a graduated fine, according to the number of illegal immigrants employed.
In addition, the employer must pay a sum equal to the amount of taxes or other levies he would have paid had the worker been legally employed.
The directive will also apply to non-commercial employees, such as those families who are employing illegal immigrants for home help.
However, in these cases those found guilty will not be subject to prison sentences but to financial penalties, which could go higher in cases where the workers are exploited.
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Michelle Dali
Jan 28th 2009, 17:14
Another excellent example of how unwanted illegal immigrants are in other EU countries is the recent quote by the French immigration minister Eric Besson who has accused Britain of giving the impression that it is a place where illegal immigrants can 'disappear' to avoid being deported. He states that:
“I’m therefore going to propose to my British colleague to put in place a common strategy to reinforce the checks and make passage through the Tunnel or by the port the most watertight possible to illegal immigration.”
Other EU governments ensure that their borders are 'watertight' against the influx of illegal aliens. Malta's government must ensure that ours are too, especially since we are unable to cope with the numbers due to limited space and resources.
This latest proposal by the EU is a good one, as knowing that they cannot be employed will discourage people from paying criminals to get them into our country illegally. This will ultimately save lives which may otherwise have been lost at sea during the crossing.
The next step is to start deporting illegal immigrants who do not qualify for refugee status. This too will deter people from risking their lives by attempting the crossing.
albert leone ganado
Jan 28th 2009, 09:28
What will happen if we have thousands of illegals roaming the streets with nothing to do because nobody will want to employ them. Will they become more dependent on tax payers money to subsist.
Finding ways of burden sharing or repatriation should have been the priority of the EU rather than take decisions which will exacerbate the situation or drive such illegals into begging or criminal activities.
Joe Vella (Mellieha.)
Jan 27th 2009, 21:24
@ L Galea
"N.Azzopardi
If Malta did not join the eu we would not be in the dire situation that we are in now in all sectors especially illegal immigrants.
However, at least this is a beginning seeing that we have a government that has to be pushed hard in order to do something.
As for benefits we did not get any. We only got negative effects."
You are dead wrong l. Galea. If Malta did not join the EU as you wished, Malta will be on its' own to deal with the problem.
Malta would still be under International Obligations to offer assistance to people in distress in it's area of search and rescue; which exceeds much far then the 12 nautical miles.
Lawrence Martinelli
Jan 27th 2009, 20:13
Good old "Thick Heads" in Bruxelles !
Stop employing "illegals" but let them stay.
Make them "legal" otherwise they will be "punishable" illegals.
" Legal / Illegals " ....."Thick Heads" remind me of that dog trying to bite its tail.
National Governments ?.....yo-yos going up or down obeying the "Bruxelles Big Box".
Eric Soames
Jan 27th 2009, 15:42
Illegal Aliens already have free money coming to them so why don't they offer to repay the country that 'saved their lives' from the sea by volunteering to work on some clean up jobs around the island?
Joanne Micallef
Jan 27th 2009, 15:36
In my opinion it's just talk, a few months back in Italy on the program annozero they tried to see what repercussions the local economy would have if all those working illegally in the country were to be found out. They soon realized that now, since there are so many working illegally, it would be disastrous for their economy if it were to happen, as certain sectors are only coping because they pay low wages and offer zero benefits.
V Felice
Jan 27th 2009, 15:25
The situation now will change from illegal immigrants working illegally in a legal business, to illegal immigrants NOT working (no sane employer would even think of hiring one, legally or otherwise, well paid or not) so the only option left to pad their pockets is....crime.
Robert Scullion
Jan 27th 2009, 14:57
The EU is introducing measures to reduce the incentive of working illegally. If Maltese companies didn't employ them in the first place you would see less arriving.
I suspect the reason why the fine doesn't include the immigrant in the first place is because in a lot of cases the immigrant thinks he is working legally. A shifty employer can always tell the person he is paying taxes and NI. The immigrant is unlikely to know this is false.
This is why the penalties are against the employer.
Also the EU is only ensuring that the ones already here are treated fairly, and juding by some of the comments on this site that is probably a good thing.
lgalea
Jan 27th 2009, 13:12
N.Azzopardi
If Malta did not join the eu we would not be in the dire situation that we are in now in all sectors especially illegal immigrants.
However, at least this is a beginning seeing that we have a government that has to be pushed hard in order to do something.
As for benefits we did not get any. We only got negative effects.
Marvin Mizzi
You are right. May illegal immigrants work on the black economy while they are given money from our taxes.
Diane Galea, Joe Camilleri, Anthony Formosa
Excellent comments.
However, whatever the eu does we shall make sure that no illegal immigrant is integrated into Maltese society, whether the eu likes it or not.
The more the illegal immigrants stay here the more it will be worse for them when they SHALL have to leave.
Anthony Formosa
Jan 27th 2009, 12:38
Isn't that right Mr Azzopardi, that we joined the EU to pay fines. The EU is prepared to heavily fine and prison sentences to Maltese employers for any illegality, and then they want the ILLEGALS not be detained for their illegality. The EU have no mercy to these people (Illegals) they just want the Maltese to integrate them whether they like it or not, or else be punished. This is how good your EU is.
Joe Camilleri
Jan 27th 2009, 12:26
It is better if the EU comes down hard on the illegal migrants first. Because if there are no illegal migrants then there would be no illegal employment of migrants.
Diane Galea
Jan 27th 2009, 12:24
EU to come down hard on illegal employment of migrants.... if it is implemented and executed properly.... after handing them a red carpet treatment in every aspect under the sun.
The solution is to remove them from Malta.
God save and bless the EU for being our (petrified) Knight in Shining Armour year after year, day after day.
Marvin Mizzi
Jan 27th 2009, 11:28
Through this directive, employers could be fined, forced to pay wages in arrears at legal levels or even banned, for up to five years, from bidding for public sector contracts or receiving state aid - whether national or from the EU.
And what about the illegal worker........ any Maltese who is found working and receiving benfits have to return all the benfits back ... are only the Maltese who have to obey the laws being an illegal immigrant make him/her above the law as this seems the case in many instances!!!!!!
N.Azzopardi
Jan 27th 2009, 11:16
@I.Galea
You might be right, but when this legislation is passed, then we have to abide, otherwise the Maltese Government have to answer and even pay fines to the EU. This is why it was good that Malta joined the EU, apart from many other benefits.
lgalea
Jan 27th 2009, 10:45
They've been saying that for ages.