# 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, Article 9: Criminal offence

Extent: E+W+S+N.I.

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:
(a) the infringement continues or is persistently repeated;
(b) the infringement is in respect of the simultaneous employment of a significant number of illegally staying third-country nationals;
(c) the infringement is accompanied by particularly exploitative working conditions;
(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;
(e) the infringement relates to the illegal employment of a minor.
2. Member States shall ensure that inciting, aiding and abetting the intentional conduct referred to in paragraph 1 is punishable as a criminal offence.

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Source: https://www.legislation.gov.uk/eudr/2009/52/article/9 (the official version)
Page: https://openlegislation.uk/eu-directive-2009-52/article-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.