Severe penalties on employers of illegal immigrants
The sanctions to be introduced range from minimum penalties, such as fines, retroactive payment of salaries and banning access to public contracts for up to five years, to criminal penalties for the most severe offences. The amount of the fine should be based on the number of illegal workers. The employer shall further be obliged to pay the social security contributions and tax that it would be obliged to pay if the person in question had been employed legally.
The wages and bonuses paid to such persons shall be subject to the legal provisions on minimum wages or the collective agreement applicable to the particular industry.
Criminal penalties shall be imposed to punish the most severe offences, such as the employment of a large number of illegal immigrants or employment of minors or individuals who are victims of human trafficking, work conditions that verge on exploitation or repeated violation of rules in this area.
Should a subcontractor commit the offence of employing illegal workers, the contractor who hired the subcontractor shall be held partially liable. Should the contractor’s management be aware of the subcontractor’s employment of illegal workers, the contractor shall be held fully liable.
The European Parliament also supports the idea of motivating illegal immigrants to cooperate in the prosecution of their employers by issuing time-restricted work visas as incentives.
The Directive is only waiting to be formally adopted by the Council.
Other articles
Richard Schmidt Joins KŠB, Strengthening Its Corporate Criminal Liability and Compliance Practice
KŠB expanded its team at the beginning of August with the arrival of attorney Richard Schmidt, who has extensive experience in criminal law, including corporate criminal liability and related compliance matters.
Active counter-drone measures need a broader legal basis
A highly noteworthy legislative proposal was added to the VeKLEP interministerial consultation database on 21 July 2026, namely a government bill amending several laws with the aim of strengthening the resilience of critical infrastructure entities against unmanned aircraft systems. Drafted by the Ministry of the Interior, the bill includes proposed amendments to the Civil Aviation Act and the Act on the Czech Police.
Tomáš Sequens and Dana Jacková Discuss the Risks of the Proposed Amendment to the Building Act
KŠB partner Tomáš Sequens and counsel Dana Jacková recently spoke to specialist news platforms Česká justice and Ekonomický deník about the proposed amendment to the Building Act, which aims to accelerate and simplify the construction permitting process.
