Aengus Ó Snodaigh
Ceist:12. Deputy Aengus Ó Snodaigh asked the Minister for Jobs, Enterprise and Innovation the way he intends to safeguard the rights of migrant workers under the workplace relations legislation. [51889/12]
Amharc ar fhreagraThursday, 22 November 2012
Ceisteanna (12)
Freagraí scríofa
The State has a significant body of employment rights legislation designed to protect workers. There is no distinction made under this legislation between workers on grounds as to whether or not they are classified as European Economic Area workers or migrant workers.
The State provides a number of mechanisms through which these statutory employment rights can be vindicated and enforced.
NERA seeks to secure compliance with employment law through the provision of education and awareness, inspection of employers’ employment records and enforcement where necessary. NERA inspectors are authorised officers under the Employment Permits Acts and compliance checks under this legislation are an integral element of all NERA inspections. Where people have concerns that workers may be exploited or are receiving less than their statutory entitlement the matter should be reported to NERA for investigation.
In other cases complaints may be made to the Rights Commissioner Service, the EAT, the Equality Tribunal or the Labour Court depending on the nature of the complaint and the relevant legislation.
It has to be acknowledged that the system that has developed over the years has become complex and in some cases involves long delays. However, I have commenced a root-and-branch reform with the objective of establishing a world-class Workplace Relations Service. I am happy to report that significant progress has been made to date in that regard. In addition to reforming the structures and processes, I also intend to provide for enhanced compliance measures and a new mechanism for enforcing awards of the Adjudicators and of Labour Court Determinations.
The mechanisms I have outlined above relate to people who are legally entitled to work in the state. A situation where an individual, whose immigration status prohibits him or her from working legally in the State, takes up employment and is thus working illegally is different. In such cases both the employer and the employee may be committing an offence.
In this regard, I am mindful of the issue raised recently by the High Court in its judgement concerning the Employment Permits Acts 2003, and 2006 which found that an employee may not rely on the contract of employment in the absence of an employment permit where one was required. The question that arises for policy makers is to what extent such workers should be dissuaded from working illegally in Ireland by virtue of there being a statutory offence to do so, versus, to what extent should certain employment rights protect vulnerable migrants who find themselves unwittingly in such employment positions. This question requires very careful consideration.
It is my intention to amend the Employment Permits legislation in a precise manner so as to ensure that an employer may not benefit from the illegality of the contract of employment where they are found culpable in not ensuring a valid employment permit was in place for the employee concerned. To this end, it is my intention that this amendment will be proposed in a new Employment Permits Bill which is currently being drafted and which I anticipate introducing in the first quarter of next year. I believe that this would be the most appropriate method of dealing with such a technically specific matter.