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
KŠB Advised J&T IB and Capital Markets on the 3M FUND MSI SICAV Bond Program
Kocián Šolc Balaštík provided legal advice to J&T IB and Capital Markets, a.s. as the arranger in preparing the base prospectus for 3M FUND MSI SICAV a.s.’s bond program.
Shortlist Legal 500 Central & Eastern Europe Awards 2026
KŠBand partner Pavel Dejl have been shortlisted for the prestigious Legal 500Central & Eastern Europe Awards 2026.
KŠB Partner Jan Lasák at ČBA EDUCA Panel Discussion
KŠB Partner Jan Lasák recently took part in a panel discussion organized by ČBA EDUCA as part of the ČBA’s Corporate Governance educational program.