Dáil Éireann Debate, Thursday - 4 April 2019
17. Deputy Clare Daly asked the Minister for Employment Affairs and Social Protection if she will review legislation for the protection of the rights of migrant workers engaged in seasonal work on short-term contracts of less than six months duration with a view to strengthening regulations. [15606/19]
Amharc ar fhreagraIreland has a comprehensive body of employment legislation, in respect of which the Workplace Relations Commission is mandated to secure compliance.
Ireland’s employment rights legislation protects all employees, including migrant workers, who are legally employed on a contract of service basis. This is specifically set out in Section 20 of the Protection of Employment (Part Time Work) Act, 2001.
Some employment legislation requires that a worker be employed for at least 1 year before they are in a position to take a claim to the Workplace Relations Commission. This would include the Unfair Dismissals Acts 1977 to 2015 and Redundancy Payments Acts 1967-2014. Obviously seasonal employment by its very nature may preclude such workers from bringing a claim under these Acts, but this situation applies to all employees, regardless of status, who are employed for less than 1 year.
Where an individual believes they are being deprived of employment rights applicable to employees they may refer a complaint to the Workplace Relations Commission (WRC) where the matter can be dealt with by way of mediation or adjudication leading to a decision that is enforceable through the District Court. WRC inspectors can also be asked to investigate certain breaches. Complaints can be made on a single online complaint form available at the WRC’s website www.workplacerelations.ie.
The Workplace Relations Customer Service Section can be contacted at Lo-call: 1890 80 80 90 or via its website www.workplacerelations.ie.
My Department continuously monitors existing employment rights legislation to ensure that it continues to be relevant and fit for purpose and is updated to reflect international developments at European Union, Court of Justice and International Labour Organisation level.
If the Deputy has evidence of specific instances of abuses concerning migrant workers, I would appreciate it if she would direct them to either the WRC or to my office.
I hope this clarifies the matter for the Deputy.
