The Commission announces measures to better protect migrant workers and tackle illegal employment

The Commission has adopted two new reports on theDirective on sanctions against employers and theDirective on temporary workers. The aim isto assess efforts to ensure fair working conditions for third-country nationals, prevent the exploitation of migrants and combat illegal employment. 

As set out in theEuropean Strategy on Asylum and Migration of January 2026. Labour mobility, the fight against illegal employment and the protection of migrant workers are key priorities for addressing the causes of illegal migration, promoting fair competition and strengthening social cohesion. 

The report on the implementation of the Employer Sanctions Directive shows that Member States carried out nearly 600,000 targeted inspections in high-risk sectors in 2024. These inspections led to the detection of more than 28,000 cases of migrant workers in an irregular situation between 2023 and 2024, whilst financial penalties exceeded €200 million annually during the same period. However, implementation of the Directive remains fragmented, particularly with regard to penalties, prosecutions and convictions. Significant data gaps persist, particularly concerning complaints by migrant workers, residence permits granted in connection with exploitation, and back pay actually recovered. 

The report on the Temporary Workers Directive confirms that it provides a legal framework for orderly legal migration, fair working conditions and adequate living conditions for temporary workers. It has helped to simplify legal procedures, reduce incentives for undeclared work and strengthen workers’ rights, including equal treatment, accommodation guarantees, information obligations, the possibility of changing employer, and complaint and redress mechanisms. However, the report notes that the Directive’s objectives are only partially achieved in practice, due to persistent shortcomings in access to adequate accommodation, changing employers, information, monitoring, enforcement and redress mechanisms. 

To strengthen monitoring, enforcement and protection mechanisms regarding irregular employment and labour exploitation, the Commission has launched a call for expressions of interest worth €10 million under theAsylum, Migration and Integration Fund: Specific action AMIF/2026/SA/2.4.1 – Protection of the rights of third-country workers in the fight against the illegal employment of third-country nationals in an irregular situation, with EU co-financing of up to 90%.  

This call supports Member States in developing specific multi-stakeholder projects to protect third-country national workers, including seasonal workers, and to combat illegal employment, labour exploitation and undeclared work in high-risk sectors such as agriculture, care, construction, transport and the hospitality industry. Eligible actions include awareness-raising, legal and psychosocial support, improving reporting and redress mechanisms, risk-based inspections, strengthening the capacity of labour inspectorates, improving data collection and enhancing cooperation between authorities, social partners and civil society. Member States may submit their applications by 28 August 2026.

As part of the review of its mandate in 2026, the European Labour Authority will also examine how it could best address challenges relating to abuses in the working conditions of third-country nationals, including seasonal workers and those employed illegally.  

In 2026, the Commission will launch an evaluation of the Employer Sanctions Directive to determine whether it remains adequate and whether the current legislation needs to be revised or clarified. In the meantime, Member States are encouraged to fully implement the Directive, strengthen the prevention and detection of illegal employment, and improve governance and coordination between the competent authorities, including through national coordinators. 

The Commission will continue to work with Member States and stakeholders to ensure the correct transposition and effective implementation of the Temporary Workers Directive, and will step up cooperation with third countries throughTalent Partnerships to improve seasonal work opportunities and the protection of workers in the EU. 

More information: European Commission.