Results 4,221-4,240 of 13,254 for speaker:Seán Sherlock

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: It is an illegal scenario. The distinction that must be made is that this applies where no legal contract exists. I will try to clarify the matter. It is not the intention of the civil proceedings to provide compensation based on the market or statutory rate for the job but rather to provide compensation in a situation where there is no legal contract. The national minimum wage is clear...

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: If there is a contract of employment-----

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: That is on the basis that there is a legal contract in place. If an employer provides an employee with a contract of employment, there is a rate for the job inherent in that contract. We are providing for a situation in which no legal contract is provided and to allow in respect of an employee who has no legal contract and is exploited for him or her to be compensated on the basis of the...

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: While I accept the spirit of the amendment, I respectfully suggest that it is incongruous.

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: The purpose of this legislation is to provide for cases where there is no legal contract.

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: Is the Deputy by virtue of his amendment placing the burden of proof on the person who is being exploited to prove that another employee has a different contract? What submissions will in this regard be made to the court?

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: How would that be done before a court of law?

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: I genuinely take the amendment in the spirit in which it is proposed, but one must consider the legislation in its entirety. For the first time we are providing clarity for the courts where exploitation takes place and a judgment is made in a case in which there is no contract. We are bolting to it, for want of a better term, a de minimiscompensatory regime which will at least allow a...

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: I move amendment No. 9: In page 7, between lines 27 and 28, to insert the following:“(6) Proceedings under this section shall not be brought after the expiration of 2 years from the day on which the foreign national ceased his or her employment or service with the employer, a person referred to in section 2(1A)(a) or contractor referred to in section 2(1A)(b). (7) Proceedings under...

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: I move amendment No. 10: In page 7, line 28, to delete “(6) The amount” and substitute “(11) The amount”.

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: I move amendment No. 11: In page 7, line 32, to delete “(7) In proceedings” and substitute “(12) In proceedings”.

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: I move amendment No. 12: In page 7, line 37, to delete “(8) Subsection (5)” and substitute “(13) Subsection (5)”.

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: I move amendment No. 13: In page 7, to delete line 39 and substitute “behalf.”.

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: I move amendment No. 14: In page 7, after line 39, to insert the following:“(14) In this section—‘Act of 2006’ means the Employment Permits Act 2006; ‘national minimum hourly rate of pay’ has the meaning assigned to it by the Act of 2006.Section 2B: supplemental provisions 2C. (1) The District Court has jurisdiction to hear and determine proceedings...

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: I move amendment No. 16: In page 8, between lines 12 and 13, to insert the following:" 'civil partnership registration' has the meaning assigned to it by the Act of 2010; ‘connected’, in relation to the connection between a connected person and a foreign employer, means— (a) the connected person is a subsidiary of the foreign employer, (b) the foreign employer is a...

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: Shall I just go through the amendments and then come back?

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: Yes. Amendment No. 162 provides that failure by the connected person to comply with new record keeping requirements is an offence under section 27(8). Please forgive me but I have omitted a few amendments. Amendment No. 113 allows the connected person to apply for a review. Amendment No. 114 is a consequential amendment following on from the treatment of the intra-company transfer in the...

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: I work for many employers in Cork East and I hope they will keep employing me. In regard to amendment No. 49, providing for sector-specific employment permits would only be possible were the Department to waive all checks on the employer, which the Minister cannot accept. Currently, all employers of permit holders are on the Department's database which is regularly checked by the National...

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: If we go back to the bondage element, as the Deputy so described it, section 12(1)(e) of the 2006 Act provides that, in respect of the foreign national’s first employment permit, he or she remains with the employer for a minimum period of 12 months and the Minister can refuse an application for a second employment permit made during that period and the foreign national already has an...

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: Again, we should go back to the body of the legislation. What is the purpose of permits legislation?