Dáil Éireann Debate, Tuesday - 19 October 2021
240. Deputy Ivana Bacik asked the Tánaiste and Minister for Enterprise, Trade and Employment if undocumented workers who report illegal employment practices as described in Parliamentary Question No. 169 of 7 October 2021 will be referred to immigration authorities; and if he will make a statement on the matter. [50449/21]
View answerThe Workplace Relations Commission (WRC) is an independent statutory office under the aegis of my Department, established on 1st October 2015 under the Workplace Relations Act 2015. The WRC’s primary functions include the inspection of employment law compliance, the provision of information on employment law, mediation, adjudication, conciliation, facilitation, and advisory services. The WRC is staffed by civil servants who are staff of the Department.
The Inspectorate Division of the WRC is authorised to carry out inspections of employer records with a view to determining compliance with the Employment Permit Acts. Under the Acts, it is a criminal offence to employ a worker in the State without either an Employment Permit or the appropriate permission issued by immigration services, or to be in employment without either an Employment Permit or the appropriate permission issued by immigration services.
Where non-compliance is detected and undocumented workers are encountered in the course of an inspection, the employer may be prosecuted for breaches of the Act and any other breaches of employment law detected. Employee details may also be referred to immigration services with a view to ensuring that the immigration status of the worker is regularised.
Due to the precarious nature of their status and their vulnerability to exploitation, as a matter of policy, the WRC does not prosecute undocumented workers.
