Written Answers - Immigrant Workers.
Denis Naughten
Question:
29
Mr. Naughten
asked the
Tánaiste and Minister for Enterprise, Trade and Employment
the investigations taking place in her Department relating to the abuse of foreign workers; and if she will make a statement on the matter.
[11689/01]
Brendan Howlin
Question:
49
Mr. Howlin
asked the
Tánaiste and Minister for Enterprise, Trade and Employment
if her attention has been drawn to claims made by trade unions that immigrant workers were required to work overtime with no additional payments, being excluded from bonus schemes and having wages docked to pay the costs of recruitment agencies who brought them here; the steps being taken to uphold the rights of immigrant workers; when legislation to update the law governing employment agencies will be introduced; and if she will make a statement on the matter.
[12190/01]
Paul Connaughton
Question:
51
Mr. Connaughton
asked the
Tánaiste and Minister for Enterprise, Trade and Employment
the initiatives undertaken by her to avoid alleged abuses of immigrant workers employment rights.
[12407/01]
Paul Connaughton
Question:
56
Mr. Connaughton
asked the
Tánaiste and Minister for Enterprise, Trade and Employment
if she will report progress on investigations in her Department involving allegations of abuse of immigrant workers employment rights with particular reference to foreign nursing and hotel sector staff; and if she will make a statement on the matter.
[12408/01]
I propose to take Questions Nos. 29, 49, 51 and 56 together.
I am very conscious of the ongoing concern with regard to the treatment by a small number of employers of certain non-nationals placed in employment here on foot of work permit applications. I can confirm also that officials of my Department have met with trade union representatives who have provided specific information with regard to alleged abuses of non-national employees in particular employments.
The protections of Irish labour law apply to immigrant workers in exactly the same manner as to native Irish workers. It is a fundamental tenet of my Department's approach to employment rights that the statutory rights and entitlements of all who work in Ireland will continue to be assured and enforced and that effective mechanisms by which they can vindicate their legal rights will be provided. In this regard the labour inspectorate of my Department has an ongoing responsibility for monitoring the employment conditions of various categories of vulnerable workers, including immigrant workers. The inspectorate, in conducting its enforcement responsibilities across all sectors of the economy under the relevant labour legislation, operates objectively, fairly, impartially and without any differentiation whatsoever with respect to nationality.
The labour inspectorate has been engaged in carrying out a number of investigations over the last few months, including those concerning placements in the nursing, hotel and catering sectors. It is a feature of these activities that one avenue of examination can in turn lead to yet another fresh direction for investigation. As such these particular investigations are still ongoing but will end soon.
Nevertheless, a significant volume of material has been gathered already and it is anticipated that decisions as to possible prosecutions will be concluded within the next couple of weeks.
Certain other reports, received by the Inspectorate more recently, concerned workers engaged in activities connected with the agricultural sector. In view of the very serious concerns generated as a result of the foot and mouth crisis, however, it was deemed prudent that inspectors should not engage in any activity which would bring them in contact with this sector. With the relaxations now in place these outstanding reports are receiving priority attention.
With regard to employment agencies, submissions have been sought on a review of the relevant legislation from the social partners and from other interested parties, for example, the Irish Federation of Personnel Services. When the views of all are to hand, we will meet with the interested groups and prepare proposals on options open to us. Such options could include the amendment of the 1971 Act or the introduction of a code of practice that would involve self-regulation by the sector. Advice from the Attorney General's office will also be necessary. I expect to complete the review during the second half of this year.
While on the topic of employment agencies I would like to mention also that my inspectorate undertook an exercise targeted at that sector recently. The results of that campaign did not yield evidence of any malpractices by those interviewed. However, it is a sector to which the inspectorate plans to turn its attention once again, shortly.
The remit of the labour inspectorate is to ensure workers receive their minimum statutory entitlements. In this regard the inspectorate can pursue allegations of workers being subjected to excessive working hours, illegal deductions e.g., excessive accommodation fees, non-payment of compensation for Sunday working or of holiday-public holiday pay, etc. However, a theme of complaint that has been identified concerns the reneging on the pay terms and other working conditions offered to the immigrant worker before departure from his or her home country. There are some indications also that recruitment fees are being sought at the point of origin. This presents us with a problem of jurisdictional responsibility. In addition, there can be difficult ies which fall within the scope of contract law and are not the province of the inspectorate.
It should be noted that the Employment Agency Act, 1971, permits employment agencies to charge placement fees to the employers for whom they source foreign workers but it precludes them from charging the individual workers fees for seeking employment for them. In this connection, possibilities for administrative co-operation with regulatory authorities in other countries are being examined as a means to control extortionate fee charging by employment agencies which facilitate the placement of foreign workers in Ireland.
In the meantime the administrative procedures for the issue of work permits have been examined carefully so as to better protect the employment rights of the immigrant workers concerned. A particular initiative aimed at addressing part of the current problem is the preparation of an explanatory document setting out the essential elements of Irish employment rights legislation and protections for workers. This document, which will be presented in a range of languages, will in future accompany all application forms for work permits. The work permits application form will also have to be signed by the prospective employee.
Finally, I am already on record as saying that I do not intend to preside over a situation whereby a small number of employers will be allowed to get away with the exploitation of vulnerable people. I unreservedly condemn any abuses of the statutory employment rights and protections that immigrant workers may have been subjected to. Such unscrupulous employers can take note that I am determined that they will be pursued and dealt with appropriately.
