Background:

This ad hoc query was launched in the context of possible legislative amendments to the Croatian Aliens Act that could impose a legal obligation on employers to secure adequate accommodation for migrant workers with stay and work permits, other than seasonal workers; and, more specifically, in the context of the transposition of the EU Blue Card Directive. The possible amendments would impose obligations on those employers who have chosen to include the provision of accommodation in a migrant worker’s employment contract. The amendments would also include provisions for inspection of accommodation and sanctions to employers or providers of accommodation in case of non-compliance with the regulations.

Respondents:

23 EMN Member Countries answered this ad hoc query (including BE). 

Findings:

A preliminary analysis of the results of the ad hoc query shows that:

• Nearly all responding countries answered that no obligation exists for employers to secure adequate accommodation for migrant workers, other than seasonal workers. Only CY, IT and SK, answered that such an obligation exists.
   
• Nonetheless, several countries (BE, CZ, FR, HU, LT, LU, LV and SL) answered that while no obligation exists to provide adequate accommodation a priori, certain accommodation standards may apply under certain circumstances. In BE, if accommodation is an integral part of the employment contract, the accommodation must comply with regional regulations and the obligation to provide ‘decent’ housing/accommodation. If the accommodation does not comply with these standards, the work permit may be revoked. In CZ, the foreigner must provide proof of adequate accommodation when he/she applies for a residence permit. Subsequently, the Foreigners Police verifies whether the accommodation complies with the regulations. In FR, if the employer undertakes, in the employment contract, to provide housing, it must meet the minimum standard of quality and comfort, and guarantee the health and safety of the employees. Sanctions in case of violation include administrative fines and penal prosecution.
   
• In CY, a "satisfactory accommodation" obligation, in addition to general requirements of safety and hygiene and general security of decent living, exists for the issuing, amending or renewing of single permits. The sanction for non-compliance is the revocation of the employer’s permission to employ foreign workers. In IT, the employer must guarantee housing for the third-country national employees coming to Italy for employment reasons, at the time of the migrant worker's application. This guarantee must be demonstrated with specific and proven documentation (loan/rental and building transfer contract and certificate of housing suitability). Accommodation must comply with requirements of habitability and hygienic-sanitary adequacy and with the minimum parameters, set by the individual regional laws for public residential housing. In SK, an obligation exists where a third-country national is employed for a specified period for the purpose of his/her training, for a maximum of eight consecutive weeks in a calendar year and when the third-country national is employed in a job where a regional labour force shortage exists. However, the third-country national may choose to provide for his own accommodation. However, if the employer chooses to provide accommodation and a breach is found, the employer may be fined up to €100,000.

For further information, please read the compilation of answers above.