Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Dáil Éireann díospóireacht -
Thursday, 13 Nov 2003

Vol. 574 No. 3

Written Answers. - Work Permits.

Tony Gregory

Ceist:

110 Mr. Gregory asked the Tánaiste and Minister for Enterprise, Trade and Employment her plans to improve protection against exploitation of migrant workers in domestic employment, agricultural employment and the meat industry; and if she will make a statement on the matter. [26954/03]

The Labour Inspectorate of my Department is responsible for monitoring certain employment conditions for all categories of workers in Ireland. The inspectorate operates without any differentiation with regard to worker nationality as statutory employment rights and protections apply to all workers in the State in exactly the same manner. 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. Employment Regulation Orders (EROs) are concerned with the establishment of minimum rates of pay and conditions for workers in specific sectors of the economy and in this connection I can confirm that such an order is in place with respect to workers in the agricultural industry.

Regarding workers in industries where there is not an ERO such employees entitlements, in so far as wages are concerned, are in accordance with the provisions of the National Minimum Wage Act, 2000.

In addition to the investigative work undertaken by my Inspectorate in 2003, work that commenced in 2002 was completed on the development of a new case management system to support streamlined work procedures in the Labour Inspectorate. The new IT system went live at the end of June this year. The project represents a considerable investment by my Department, approximately €900,000, in the enforcement of employment rights for all workers. The system provides the technological support to enable Inspectors operate more effectively and efficiently in their interactions with employers and employees alike. In particular, by facilitating remote connection to head office, the requirement for regular visits to the office to complete administrative deskwork has been significantly curtailed.

Information on employment rights is provided by my Department by a variety of means and is available in eight of the main foreign languages. This element is in the process of being upgraded. In addition, 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-wages, deductions, others 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. New work permits are not granted for sectors where it is believed that such employment can be met from the Irish-EEA labour market. Accordingly, I am satisfied that there are sufficient procedures in place and an appropriate level of inspection activity to ensure, as far as possible, that rights and entitlements under Irish law are being observed for all workers. If there is evidence that particular employers are exploiting emigrant workers I would ask that it be brought to the attention of the Labour Inspectorate for investigation and further action.

Barr
Roinn