The EMN study provides an overview of the efforts by EMN Member Countries between 2017 and 2022 to counter the illegal employment of third-country nationals, while protecting those at risk of exploitation. It shows inter alia that:

• Illegal employment of TCNs remains a high political priority across European Migration Network (EMN) Member Countries. It continues to spark national debates, particularly on its societal impact and the need for protection and regularisation of workers.
   
• Most countries have introduced significant legislative reforms since 2017, primarily focusing on sanctions for employers. For example, in 2021, Cyprus increased penalties for employers breaching labour rules, with the maximum punishment now being up to five years in prison and/or a fine of up to EUR 20 000. In 2018 Estonia increased fines tenfold for legal entities engaging in illegal employment practices.
   
• Preventive measures, however, have largely remained the same since 2017, focusing on awareness-raising, mandatory notifications to authorities when employing TCNs, compiling lists of unreliable employees or blacklisted employers. Key challenges in preventive measures include difficulties with monitoring and inspections, language barriers in communicating rights and obligations, and administrative obstacles, including data protection issues.
   
• Between 2017 and 2022, all EMN Member Countries actively conducted on-site inspections to tackle the illegal employment of TCNs. Six EMN Member Countries (including Belgium) have increased their annual general labour inspections, while others report identifying more infringements and expanding their inspection workforce. 
   
• Small to medium-sized enterprises (SMEs) are the most common employers of illegally employed TCNs, particularly in sectors like construction, accommodation, food services, manufacturing, agriculture, forestry, and fishing. Sectors increasingly vulnerable to illegal employment practices include beauty and wellness, delivery services, security services, event management, and demolition work.
   
• EMN Member Countries have improved cooperation between national actors and also with other countries and sectors. At the national level, labour inspectorates often collaborate with immigration and asylum services, financial and tax authorities, law enforcement and border control, social security and insurance agencies, and occupational safety and health authorities. Cross-border cooperation has also increased, using new initiatives like the European Labour Authority’s (ELA) European Platform tackling undeclared work.
   
• Outcomes for third-country nationals detected working illegally vary depending on their residence status and whether they have or ever had a work permit. Outcomes range from withdrawal and rejection of renewal of residence permits, return decisions and fines. However, if the individual is found to be a victim of exploitation or trafficking in human beings, most EMN Member States activate specific procedures with different outcomes, such as temporary residence permits.

For further information, please read the study attached above. For more concise information, please read the Inform or the Flash providing key takeaways. If you wish to learn more about the state of play and current practices in Belgium, please read the Belgian contribution to the study.