In a recent communication on the Employers' Sanctions Directive, the European Commission has set out recommendations to governments and EU actions to improve implementation of the Directive, including access to information, justice and remuneration, and temporary residence permits for undocumented workers. Crucially, the Commission recognises that undocumented workers are deterred from filing complaints due to risks of immigration enforcement, including during inspections. It acknowledges the calls for 'firewalls' which would guarantee that irregular migrants detected during inspections would not be referred to immigration authorities for return procedure. Furthermore, the Commission calls for governments to establish safe reporting policies to ensure that irregular migrant workers can report employers in violation and engage with law enforcement without facing immigration consequences, and to improve accessibility of complaint mechanisms to encourage irregular migrants to lodge complaints.
COM(2021) 592 final, 29.9.21
https://ec.europa.eu/home-affairs/minimum-standards-sanctions-and-measures-against-employers-illegally-staying-third-country_en