Dáil Éireann Debate, Thursday - 19 February 2004
103 Mr. Stanton asked the Tánaiste and Minister for Enterprise, Trade and Employment the protections available to foreign nationals employed here through the work permit mechanism; the avenues open to such persons if they feel that their rights are being abused; and if she will make a statement on the matter. [5387/04]
Amharc ar fhreagraWhere 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.
The protections available to foreign nationals employed here through the work permit system are not, in any way whatsoever, different to those available and applied in the case of an Irish employee. The avenues for seeking redress are set out in each relevant Act and, specifically, in accordance with the nature of the instance of non-compliance or abuse being alleged.
For example, where there is a claim that an employer has failed to comply with regulations governing holidays entitlements, as set out in the Organisation of Working Time Act, an employee would be advised to bring such a matter to the rights commissioner service of the Labour Relations Commission. This is the procedure and recourse that is provided for under the legislation and the facility is equally available to both Irish nationals and foreign nationals alike.
The same principle applies across the full spectrum of employment legislation, including the employment regulation orders and registered employment agreements, that are generated under the Industrial Relations Acts 1946-2001. It should be noted also, that where issues arise that fall within the remit of equality legislation, the provisions of those enactments will apply. This legislation is the responsibility of the Department of Justice, Equality and Law Reform.
The labour inspectorate of my Department is responsible for monitoring certain employment conditions for all categories of workers in Ireland, including immigrant workers. 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 individual or individuals concerned and, if appropriate, a prosecution is initiated.
The inspectorate operates without any differentiation with regard to worker nationality since statutory employment rights and protections, as already stated, apply to emigrant workers in exactly the same manner as they do to native Irish workers.
The Deputy may be interested to know that the employment rights information unit in my Department provides a comprehensive range of explanatory leaflets and guides on different entitlements under employment rights legislation. An updated Guide to Labour Law was published last November. A revision and updating exercise was also completed on a series of information leaflets, in nine languages, about employment rights legislation in Ireland. The leaflets are available on request to the information unit or via the Department’s website. Arrangements are also being made to have the information leaflets made available at a variety of locations such as citizen information centres, embassies and from the regional offices of the Garda National Immigration Bureau, where non-national citizens go to register within 90 days of arrival in the State.
Finally, as I have stated before, if there is evidence that particular employers are exploiting emigrant workers I would ask that this evidence be brought to the attention of the labour inspectorate for investigation and further action.
