Dáil Éireann Debate, Thursday - 2 December 2004
180 Mr. Ferris asked the Minister for Enterprise, Trade and Employment the steps that are taken to ensure that persons employed as domestic home helps, child minders and au pairs are protected by the relevant employment legislation including that pertaining to the minimum wage. [31944/04]
View answerIn the area of pay and conditions, it is primarily the provisions of the National Minimum Wage Act 2000 and the Organisation of Working Time Act 1997 that apply to employees who are employed as domestics or in caring roles.
The labour inspectorate of my Department is responsible for monitoring certain employment conditions for all categories of workers in Ireland. Inspectors pursue allegations of worker mistreatment and when evidence of non-compliance with the relevant employment rights legislation is found, the inspectorate seeks redress for the individuals concerned and, if appropriate, a prosecution is initiated. Employers are required to maintain records in respect of such employees and these records, together with other substantiating evidence, for example, a statement from an employee, provide the essentials of a basis for legal proceedings. Failure on behalf of the employer to maintain adequate records is an offence.
It should be noted also, that in many cases, employment rights legislation has provisions whereby workers who believe they have been denied their entitlements, or otherwise unfairly treated, can, as an alternative to dealing with the labour inspectorate, take the matter before a commissioner in the rights commissioner service of the Labour Relations Commission.
With regard to au pairs, the position is that such individuals are students, not employees, and accordingly do not come within the scope of my Department's employment rights legislation.
In this regard, I urge anyone who has evidence of the mistreatment of workers to furnish all the relevant details and any related materials to the inspectorate with a view to pursuing the matter.
181 Mr. Ferris asked the Minister for Enterprise, Trade and Employment his views on allegations made in a newspaper (details supplied) that migrant workers in domestic service are subject to exploitation by Irish employers in flagrant breach of employment legislation. [32009/04]
View answerThe labour inspectorate of my Department is responsible for monitoring certain employment conditions for all categories of workers in Ireland, including immigrant workers. The inspectorate operates without any differentiation with regard to worker nationality as statutory employment rights and protections apply to immigrant workers in exactly the same manner as they do to native Irish workers.
In the area of pay and conditions, it is primarily the provisions of the National Minimum Wage Act 2000 and the Organisation of Working Time Act 1997 that apply to employees who are employed in domestic service.
Inspectors pursue allegations of worker mistreatment and when evidence of non-compliance with the relevant employment rights legislation is found, the inspectorate seeks redress for the individuals concerned and, if appropriate, a prosecution is initiated. Employers are required to maintain records in respect of such employees and these records, together with other substantiating evidence, for example, a statement from an employee, provide the essentials of a basis for legal proceedings. Failure on behalf of the employer to maintain adequate records is an offence.
It should be noted also, that in many cases, employment rights legislation has provisions whereby workers who believe that they have been denied their entitlements, or otherwise unfairly treated, can, as an alternative to dealing with the labour inspectorate, take the matter before a commissioner in the rights commissioner service of the Labour Relations Commission.
In this regard, I urge anyone who has evidence of the mistreatment of workers to furnish all the relevant details and any related materials to the inspectorate with a view to pursuing the matter.
Where employers seek work permits in order to employ non-EEA nationals, the Department requires the statement of the main functions of the job, salary or wages, deductions, other than statutory, other benefits and hours to be worked per week. Both the proposed employer and the proposed employee must sign this statement. Work permits are not granted unless there is compliance with minimum wages legislation. Applications for renewals require confirmation that the stated wages have been paid; P60 and other sources are used. Work permits are not granted for sectors such as domestic employment where it is believed that such employment can be met from the Irish-EEA labour market and where there is a greater risk of exploitation.
