Written Answers. - Employment Agency Act.
Gay Mitchell
Ceist:
68
Mr. G. Mitchell
asked the
Tánaiste and Minister for Enterprise, Trade and Employment
the investigations that have commenced in the past six months into the abuse of the Employment Agency Act, 1971; the status of these investigations; and if she will make a statement on the matter.
[2009/01]
Denis Naughten
Ceist:
82
Mr. Naughten
asked the
Tánaiste and Minister for Enterprise, Trade and Employment
if her Department initiated any investigation into the reports claiming that non-nationals placed in employment here are being charged recruitment fees; the status of any such investigations; and if she will make a statement on the matter.
[2017/01]
I propose to take Questions Nos. 68 and 82 together.
I am very much aware of the reports in regard to the treatment of certain non-nationals placed in employment here which indicate a total disregard for the employment rights of the people concerned by a number of unscrupulous employers and employment agencies. Any abuses of such statutory employment rights and protections that immigrant workers may have been subjected to are to be unreservedly condemned. These abuses typically involve the reneging on the pay terms and other working conditions offered to the immigrant worker before departure from his or her home country. When placed in employment here in Ireland they may then be subjected to excessive working hours, illegal deductions, for example, excessive accommo dation fees, non-payment of overtime or Sunday or holiday/public holiday pay, etc.
The labour inspectorate has engaged in a number of investigations over the last few months on foot of the reports already mentioned and further investigative action is contemplated very soon. Meanwhile, material already gathered is being assessed carefully with a view to preparing a submission to the Chief State Solicitor for the commencement of legal proceedings.
Apart from possible breaches of Irish employment rights legislation there are issues of contract law at play in these deliberations, together with problems as to jurisdiction. In this regard there are some indications that recruitment fees are being sought at the point of origin. 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 such fees to the individual workers concerned. Given these latter factors, 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 examined so as to better protect the employment rights of the immigrant workers concerned, 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, relevant employers and employment agencies are being followed in this process with a view to prosecutions, and it is intended that as soon as is practicable 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.
Question No. 69 answered with Question No. 64.
