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Directive 2009/52/EC of the European Parliament and of the CouncilShow full 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

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Article 7Other measures

1.Member States shall take the necessary measures to ensure that employers shall also, if appropriate, be subject to the following measures:

(a)

exclusion from entitlement to some or all public benefits, aid or subsidies, including EU funding managed by Member States, for up to five years;

(b)

exclusion from participation in a public contract as defined in Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts(1) for up to five years;

(c)

recovery of some or all public benefits, aid, or subsidies, including EU funding managed by Member States, granted to the employer for up to 12 months preceding the detection of illegal employment;

(d)

temporary or permanent closure of the establishments that have been used to commit the infringement, or temporary or permanent withdrawal of a licence to conduct the business activity in question, if justified by the gravity of the infringement.

2.Member States may decide not to apply paragraph 1 where the employers are natural persons and the employment is for their private purposes.

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