Written answers

Thursday, 9 December 2010

Department of Enterprise, Trade and Innovation

Work Permits

7:00 pm

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 131: To ask the Minister for Enterprise, Trade and Innovation if a company can legally pay arrears of pay to a person whose work permit has expired without falling foul of work permit rules; and if he will make a statement on the matter. [46857/10]

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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Under the Employment Permits Act 2006 in order to work in Ireland, a third country migrant worker must have a correct and valid employment permit or have some other form of permission from the Minister for Justice and Law Reform to reside and work in Ireland.

A contract of employment between a third country migrant worker required to have a work permit and an employer, which is not covered by a valid work permit, is an illegal contract. In relation to illegal contracts, the Irish Courts have taken the view that it would be contrary to public policy to enforce such contracts. Accordingly, the National Employment Rights Authority does not seek to recover money due to people working under illegal contracts. Notwithstanding the stance taken with regard to previous cases, it would, of course, be open to an individual to seek legal advice with a view to a possible civil action, based on the facts of his/her particular case.

While outside of my Department's remit, I understand also that in such instances, PRSI or PAYE contributions paid in respect of payment of wages under a contract found to be illegal would be refunded as no benefits can accrue to persons in such circumstances.

Of course, in the event that the contract of employment is a legal contract then a third country national legally employed in the State has the same entitlements as other legally employed workers and may seek redress in the same manner, for example, by reference to a Rights Commissioner.

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