Louise O'Reilly (Dublin Fingal, Sinn Fein) | Oireachtas source

I move amendment No. 31:

In page 37, between lines 31 and 32, to insert the following: “(2) The Minister shall refuse to grant an employment permit where in the 2 years preceding the day on which the application was made the person or employer who has made the offer of employment has been found by the WRC to be in breach of employment-legislation pertaining to any of the following:

(a) employment permits;

(b) national minimum wage;

(c) organisation of working time;

(d) paternity leave and benefit;

(e) payment of wages;

(f) protection of young persons;

(g) sick leave;

(h) workplace relations;

(i) terms of employment.”.

This amendment proposes to exclude employers who have been found to be in breach of the full suite of employment-related legislation from applying again for an employment permit for a period of two years following that breach. We all know and hear about the most egregious instances of unfair dismissals and breaches of employment law. Many of these make the front pages of the newspapers when they go all the way to the WRC. However, there are equally egregious breaches found by the WRC inspectors every day that never make the news and we may never hear about them. Those breaches should not be without due sanction. This amendment is designed to ensure an employment permit cannot be issued to an employer or a person who has been found to be in breach of equality- and employment-related legislation in the two years preceding the day on which the permit application was made. Again, we are discussing at length workers who are vulnerable. If we are genuine about wanting to protect them, there should be a real deterrent for employers who breach the employment legislation and equality legislation. We have talked a lot about the good work the WRC does, and I talk a lot about that because I know it to be true. As I have previously mentioned, it has recovered more than €22 million in stolen wages since 2001 and €1.9 million last year alone.

By virtue of this, we know not all employers are saints. While no one is suggesting all employers are dying to get these permits to exploit workers, we need to put in as many safeguards as we possibly can. I will say it again for the record. Nobody, neither me nor anyone else, is suggesting this is any way, shape or form the majority of employers. However, for the small few that do, they can destroy people's lives. Therefore, we believe there should be a sanction that those employers who have wilfully flouted the law of the State and who have treated their workers disgracefully should not have access to what I think we have all agreed is an especially vulnerable group of workers. If we have an employer who has been proven to engage in practices that are contrary to employment law and equality legislation, why would we facilitate that employer with direct access to those workers whom we collectively recognise, and I do not think anyone will dispute this, as among the most vulnerable in the labour market?

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