Illicit Intermediation and Labour Exploitation (Art. 603-bis)

Configuration of the offence

Article 603-bis criminalises two distinct conducts: the recruitment of labour for the purpose of assigning it to work for third parties under exploitative conditions, taking advantage of the workers' state of need; and the use or employment of workers subjecting them to exploitative conditions and taking advantage of their state of need. The offence does not exclusively concern the intermediary (the so-called gangmaster), but may directly involve the entrepreneur or employer who uses the exploited labour.

The penalty is imprisonment from one to six years and a fine of 500 to 1,000 euros for each worker recruited or employed.

Indicators of exploitation

• Payment of wages manifestly different from national collective agreements
• Repeated violation of working hours, rest and holiday regulations
• Violation of workplace health and safety regulations
• Subjecting workers to degrading working, surveillance or housing conditions

Aggravating circumstances, confiscation and ancillary penalties

The penalty is increased by one-third to one-half when more than three workers are exploited, minors of non-working age are involved, or workers are exposed to serious danger. The legislation also provides for mandatory confiscation of assets used to commit the offence, disqualification from corporate directorships, prohibition on contracting with the public administration and exclusion from public funding and benefits.