Results 13,501-13,520 of 16,316 for speaker:Peadar Tóibín

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

Peadar Tóibín: It is but it is also important that the human rights of individuals are respected. We have to give workers, whether they are from Cork, New York or Papua New Guinea, certain human rights and we need to ensure that the nature of the relationship between the worker and the employer is in some way level. If one forces a worker to be tied to a specific employer, it puts that employer in a...

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

Peadar Tóibín: My view is that it would be a healthier relationship if an employee in a permit situation was like an employee elsewhere and was able to choose his or her employer.

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

Peadar Tóibín: They are to a certain extent. It is a limited. I accept the worries some people have that this is to fill an economic need and that is why the amendment specifies the sector. I do not know if we will see eye to eye on this.

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

Peadar Tóibín: Is my amendment No. 49 included this grouping?

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

Peadar Tóibín: Apologies.

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

Peadar Tóibín: I should like to speak to amendment No. 49, if possible. The Minister of State will be aware if an employee - any employee - has a contract and an ability to work only with one employer. The nature of that relationship will be quite different than if a worker has the ability to work with a number of different employers. It leaves the door wide open for exploitation. If we had a choice, we...

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

Peadar Tóibín: I am not saying that in certain cases it would not be difficult to prove, but in others colleagues would confirm, by contract, wage information to be submitted to the court as evidence. Even if it is difficult to prove, the Government can fall back on sections 1 and 2 which refer to the national minimum wage and the statutory wage. The case will not fall if proof is unattainable. It will...

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

Peadar Tóibín: It could be the case that the terms and conditions of others within a company could be used-----

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

Peadar Tóibín: Yes, that could be the case.

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

Peadar Tóibín: I move amendment No. 8: In page 7, between lines 13 and 14, to insert the following:“(iii) an amount equal to that paid to regularised employees engaged in the same work in the same employment, or”.

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

Peadar Tóibín: I move amendment No. 15: In page 7, after line 39, to insert the following:“(9) A foreign national who has engaged in civil proceedings as referred to in this section may apply to the court for interim relief.”.”.

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

Peadar Tóibín: I do not accept the Minister of State's point with regard to amendment No. 8, namely, that an amount equal to that paid by regularised employees would somehow negate the court case or lead to it falling. The legislation as drafted provides for an amount equal to the greater of the two options set out. All we are proposing is the addition of a third option. It is not the case that if that...

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

Peadar Tóibín: There is no ambiguity in respect of comparable wages. If an employer employs an immigrant at the rate of €2 or €3 less than-----

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

Peadar Tóibín: -----what everybody else is earning, that employer, even if he or she does has to pay compensation, is quids in by having employed the person because he or she will have saved money compared to the remainder of the staff.

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

Peadar Tóibín: I do not see how what I am proposing is incongruous to the other two options.

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

Peadar Tóibín: We will have to disagree on that.

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

Peadar Tóibín: That is understood. My argument is if an individual has no contract and uses the infrastructure to seek compensation, then that compensation will under this legislation be based on either the minimum wage or ERA. I am suggesting that that compensation should also be based on the wages of other staff who are possibly earning above the ERA or the national minimum wage. I believe this third...

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

Peadar Tóibín: The person's colleagues would have to confirm that they are in receipt of X wage.

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

Peadar Tóibín: Amendment No. 15 is important for us. While we accept that the compensation will not be treated as a reckonable payment within the meaning of the social welfare legislation, a particular concern arises. If an individual cannot access the infrastructure that the Minister of State is providing to ensure that his or her rights are achieved, the process is not worth the paper on which it is...

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

Peadar Tóibín: I move amendment No. 7: In page 7, line 1, to delete "section 2(1A)(b)." and substitute the following:"section 2(1A)(b), or the employer has been found to have engaged in exploitative work practices which the foreign national was subjected to.".I know it was not meant by the Minister of State, but our offices received an avalanche of amendments in recent days, which makes oversight on our...