Marie Moloney (Labour) | Oireachtas source

I welcome the Minister of State to the House. I acknowledge and sympathise with the position in which Mohammad Younis found himself in when awarded approximately ¤92,000 by the Labour Court having been unable to seek redress from his employer. I welcome Senator Quinn's proposals in this Bill to protect all workers rights. Following on from the Hogan judgment in which he reluctantly ruled that the award be overturned due to the fact that the Employment Permits Act 2003 prevents an undocumented worker from seeking redress, it is imperative that we close any loopholes in legislation, and I understand the Attorney General is examining options to do so. I congratulate Mr. Justice Hogan in following through to the end on this issue.

The Minister of State said that nobody should benefit from an illegal contract. I hope and trust that illegal contract will be turned back on that employer and that he will be prosecuted for employing somebody under an illegal document. The Minister of State said such people are open to prosecution. Therefore, he should follow that up and prosecute him for doing that. We will certainly get the ¤92,000 out of him if we follow that line.

This issue is much wider than certain people being unable to seek redress from employers. It opens up the debate on the fact that a small element of rogue employers are still willing to exploit workers, and foreign nationals in particular. Unfortunately, many foreign nationals are willing to work for below the minimum wage as many of them come from countries where the deprivation is such that the amount paid is a fortune to them. Thankfully, the employers who operate in such a fashion are in a minority with most employers abiding by the rules and giving their employees due process.

Many people in this country fought long and hard for workers' rights going back to the time of Connolly and Larkin. The Labour Relations Commission and the Employment Appeals Tribunal were set up to protect workers and it is a shame that some employers are still willing to take advantage of their workers knowing that undocumented workers do not have any redress to compensation, despite the ruling of the Labour Relations Commission.

Employers should check to ensure every employee they take on is properly documented. It is not enough for employers to say it is the worker's responsibility. Employers also have a responsibility. It is the law of the land. If employers are knowingly employing undocumented personnel, the book should be thrown at them. There is too much labour in the black market and while I appreciate that has reduced significantly, unfortunately, it is still going on.

Prior to getting elected to the Seanad I worked for SIPTU which has fought and continues to fight to stamp out the practice of employers paying below the minimum wage, not paying the joint labour committee, JLC, rates, exploiting workers by not giving them their correct holiday pay, not paying them for extra hours worked and not giving them their bank holiday entitlements. That practice is more widespread than we realise, particularly where foreign nationals are involved. Many employers will not even allow the union represent their members until the case ends up in the Labour Relations Commission and they are left with no choice. I understand that employers are under severe pressure with the high cost of rates and the cost of having an employee but I have found it is not those employers who are operating in the black market who treat their employees in this way. Many, but not all, are small time operators in the services sector who do not have a premises but move around a good deal to work at different locations. Most employers with premises are paying proper wages.

Many of us here know of relatives and friends who work undocumented in the United States. We know also that there are undocumented workers throughout the world. However, if a relative or friend of ours was being treated badly in another country, we would like to believe that the employment law mechanism in that state would protect them. Why not provide the protection in this country?

I congratulate Senator Quinn. I am sure he was a marvellous employer to all his employees. Today he is seeking to ensure employees' rights are protected. I congratulate Senator Barrett on seconding the Bill. I urge the Minister of State to accept the Bill and bring it forward as quickly as possible.