Olivia Mitchell (Dublin South, Fine Gael)
Link to this: Individually | In context

Question 26: To ask the Minister for Enterprise, Trade and Employment if he is satisfied that the necessary measures have been taken to prevent exploitation of foreign workers in the construction industry; and if he will make a statement on the matter. [6187/05]

Seán Crowe (Dublin South West, Sinn Fein)
Link to this: Individually | In context

Question 61: To ask the Minister for Enterprise, Trade and Employment if he will report on the work of the labour inspectorate with respect to the ongoing evidence of exploitation of migrant workers. [6140/05]

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
Link to this: Individually | In context

Question 66: To ask the Minister for Enterprise, Trade and Employment the steps being taken to prevent the exploitation of migrant workers in the State; and if he will make a statement on the matter. [6139/05]

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 124: To ask the Minister for Enterprise, Trade and Employment if he is satisfied that all immigrant workers have been paid and treated in accordance with national and EU legislation; and if he will make a statement on the matter. [6457/05]

Tony Killeen (Clare, Fianna Fail)
Link to this: Individually | In context

I propose to take Questions Nos. 26, 61, 66 and 124 together.

The labour inspectorate of my Department is responsible for monitoring certain employment conditions for all categories of workers in Ireland, including immigrant workers. The inspectorate operates without any differentiation with regard to worker nationality as statutory employment rights and protections apply to immigrant workers in exactly the same manner as they do to native Irish workers. Inspectors pursue allegations of worker mistreatment and when evidence of non-compliance with the relevant employment rights legislation is found, the inspectorate seeks redress for the individual/s concerned and, if appropriate, a prosecution is initiated. Employers are required to maintain records in respect of such employees and these records, together with other substantiating evidence, for example, a statement from an employee, provide the essentials of a basis for legal proceedings. Failure on behalf of the employer to maintain adequate records is an offence.

I urge anyone who has specific evidence of the mistreatment of workers to furnish all the relevant details and any related materials to the Inspectorate with a view to pursuing the matter.

The wages and employment conditions of workers employed in the construction industry are governed by the Registered Employment Agreement (Construction Industry Wages and Conditions of Employment) Variation Order, which is enforced by the labour inspectorate of my Department. In this regard, the rate of pay which can be enforced in respect of construction operatives under the terms of the registered employment agreement is €7.36 per hour.

The enforcement of the provisions of a registered employment agreement may also be effected under the industrial relations Acts. A trade union, an association of employers or an individual employer may complain to the Labour Court that a particular employer is not complying with a registered employment agreement. If, after investigating a complaint, the court is satisfied that the employer is in breach of a registered employment agreement it may by order direct compliance with the agreement. Failure to comply with such an order is an offence punishable by a fine.

Where employers seek work permits in order to employ non-EEA nationals, the Department requires the statement of the main functions of the job, salary-wages, deductions, other than statutory, other benefits and hours to be worked per week. Both the proposed employer and the proposed employee must sign this statement. Work permits are not granted unless there is evidence of intention to comply with minimum wages legislation. Applications for work permit renewals require confirmation that the stated wages have been paid; form P60 and other sources are used for this.