Results 9,021-9,040 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: 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 am sure the Deputy will accept that as the Younis case is sub judiceI am limited in terms of what I can say in that regard. In regard to the Deputy's point generally in terms of the robustness of the provisions when a complaint is made, it is the responsibility of NERA to investigate complaints and to ensure that the system stands up to scrutiny. In regard to the compensatory element of...

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

Seán Sherlock: The Minister can also take a case if there has been a breach of the law. This is where NERA comes into the equation. When a complaint is made, there is a robust investigation of potential exploitation with clear outcomes. On the compensation issue, the compensation provided for is the national minimum wage or other mandatory statutory rates of pay for the job. We determined this when...

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 propose to deal with the amendments numerically. Deputy Tóibín’s amendment would place the onus on the foreign national of proving that exploitative work practices took place. Currently, the foreign national does not have to prove that this occurred in order to avail of the provision. Unscrupulous employers who employ illegal non-EEA nationals continue to face the...

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

Seán Sherlock: I move amendment No. 1: In page 5, lines 20 and 21, to delete "Minister for Jobs, Enterprise and Innovation" and substitute "Minister".This a technical amendment, as the full title of the Minister is to be included in the definitions in section 2 and addressed in amendment No. 3. Amendment No. 2 is a consequential amendment to amendment No. 3 which inserts a definition for the word "Minister".

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

Seán Sherlock: I move amendment No. 2: In page 5, line 27, to delete "2006." and substitute "2006;".

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

Seán Sherlock: I move amendment No. 3: In page 5, after line 27, to insert the following:" "Minister" means the Minister for Jobs, Enterprise and Innovation.".