Article 5Financial sanctions
1.
Member States shall take the necessary measures to ensure that infringements of the prohibition referred to in Article 3 are subject to effective, proportionate and dissuasive sanctions against the employer.
2.
Sanctions in respect of infringements of the prohibition referred to in Article 3 shall include:
(a)
financial sanctions which shall increase in amount according to the number of illegally employed third-country nationals; and
(b)
payments of the costs of return of illegally employed third-country nationals in those cases where return procedures are carried out. Member States may instead decide to reflect at least the average costs of return in the financial sanctions under point (a).
3.
Member States may provide for reduced financial sanctions where the employer is a natural person who employs an illegally staying third-country national for his or her private purposes and where no particularly exploitative working conditions are involved.