{
  "url": "https://openlegislation.uk/eu-directive-2009-52/article-9",
  "json_url": "https://openlegislation.uk/eu-directive-2009-52/article-9.json",
  "legislation": "eudr/2009/52",
  "legislation_title": "Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals",
  "legislation_url": "https://openlegislation.uk/eu-directive-2009-52",
  "path": "article/9",
  "kind": "article",
  "number": "9",
  "heading": "Criminal offence",
  "text": "1. Member States shall ensure that the infringement of the prohibition referred to in Article 3 constitutes a criminal offence when committed intentionally, in each of the following circumstances as defined by national law:\n(a) the infringement continues or is persistently repeated;\n(b) the infringement is in respect of the simultaneous employment of a significant number of illegally staying third-country nationals;\n(c) the infringement is accompanied by particularly exploitative working conditions;\n(d) the infringement is committed by an employer who, while not having been charged with or convicted of an offence established pursuant to Framework Decision 2002/629/JHA, uses work or services exacted from an illegally staying third-country national with the knowledge that he or she is a victim of trafficking in human beings;\n(e) the infringement relates to the illegal employment of a minor.\n2. Member States shall ensure that inciting, aiding and abetting the intentional conduct referred to in paragraph 1 is punishable as a criminal offence.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudr/2009/52/article/9",
    "retrieved_at": "2026-11-01T15:22:11.583220+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}