Employment Rights

Dáil Éireann Debate, Wednesday - 6 October 2010

Wednesday, 6 October 2010

Ceisteanna (236)

Caoimhghín Ó Caoláin

Ceist:

304 Deputy Caoimhghín Ó Caoláin asked the Minister for Enterprise, Trade and Innovation, further to Parliamentary Question No. 891 of 29 September 2010, if his attention has been drawn to the fact that section 7 of the Unfair Dismissals (Amendment) Act 1993 protects workers employed under illegal contracts; in view of this, the reason his Department believes legislation on outstanding wages cannot be applied to workers employed under illegal contracts; and if he will make a statement on the matter. [35179/10]

Freagraí scríofa

Minister of State at the Department of Enterprise, Trade and Innovation (Deputy Dara Calleary)

As was indicated in the previous parliamentary response by my colleague the Minister for Justice and Law Reform, in relation to contracts which might be regarded as illegal by the Irish Courts, the Irish Courts have taken the view that it would be contrary to public policy to enforce such contracts. A contract of employment between a third country worker required to have a work permit and an employer, which is not covered by a valid work permit, is an illegal contract. As regards Section 7 of the Unfair Dismissals (Amendment) Act 1993, I understand that the amendment was specific to breaches of Income Tax and Social Welfare legislation.