Dáil Éireann díospóireacht -
Tuesday, 6 Feb 2001

Vol. 529 No. 4

Written Answers. - Labour Laws.

Willie Penrose

Ceist:

56 Mr. Penrose asked the Tánaiste and Minister for Enterprise, Trade and Employment the steps that are being taken to ensure that immigrant workers are fully aware of their rights under Irish labour law having regard to the number of reports of the working conditions of such workers; and if she will make a statement on the matter. [3009/01]

Minister of State at the Department of Enterprise, Trade and Employment (Mr. T. Kitt)

A fundamental tenet of my Department's approach is 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. This principle holds good in relation to all workers, irrespective of their nationality, and it lies at the heart of my Department's policy and approach in regard to the provision of information on statutory employment rights and protections and indeed the enforcement of such rights in the workplace. My labour inspectorate, in conducting its enforcement responsibilities under labour legislation, operates objectively, fairly, impartially and without any differentiation whatsoever with respect to nationality.

The employment rights information unit of my Department operates an information service to answer enquiries about employment rights legislation and to inform people of the rights and obligations of all employees and employers under that legislation. The number of telephone inquiries received during 2000 amounted to 117,733, representing a 38% increase on the 85,469 calls received in 1999. This substantial increase reflects a growing public awareness, demand for and usage of the services provided. A wide range of explanatory leaflets/booklets is also available free of charge, including a comprehensive guide to labour law, which provides a summary, in straightforward and non-technical terms, of the main provisions of labour law.

Under existing legislation the Terms of Employment (Information) Act, 1994, sets down that employers must provide their employees, who are normally expected to work for not less than eight hours per week and who have been in continuous service for at least one month, with a written statement setting out certain particulars of the employee's terms of employment. The written statement must contain particulars of terms and conditions, as specified in the Act. These include the rate or method of calculation of the employee's remuneration, hours of work, including overtime, and paid leave entitlements. The written statement must be provided by the employer within two months of the date of commencement of employment.

As regards enforcement under this Act, an employee may present a complaint to a rights commissioner if it appears that his/her employer has failed to provide a full and accurate written statement of the terms of employment.

I am alert to the various concerns which have been expressed with regard to the treatment of some immigrant workers by a number of Irish employers and employment agencies and in this connection my Department is taking a number of specific initiatives as follows: 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, a fundamental review of the Employment Agency Act, 1971, is under way to determine the nature and scope of regulatory control appropriate to modern practices in the employment agency business, the administrative procedures for the issue of work permits are being amended to ensure that the employment rights of the immigrant workers concerned are protected, the labour inspectorate business plan for the current year has as a key task a specific and targeted enforcement campaign in employments hiring foreign workers as well as sectors where such workers are employed, the labour inspectorate is currently engaged in a systematic investigation of recent reports alleging abuses affecting foreign nursing and hotel/catering sector staff and relevant employers and employment agencies are being followed in this process with a view to prosecutions and future applications for work permits will be accompanied by an explanatory document setting out the essential elements of Irish employment rights legislation and protections for workers. This material will be presented in various languages.