Paudge Connolly (Cavan-Monaghan, Independent)
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Question 419: To ask the Minister for Enterprise, Trade and Employment the steps which are being taken to prevent the exploitation of migrant workers; and if he will make a statement on the matter. [10312/06]

Tony Killeen (Clare, Fianna Fail)
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The labour inspectorate of the Department of Enterprise, Trade and Employment 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 Irish workers.

For the avoidance of doubt, section 20 of the Protection of Employees (Part-Time) Work Act 2001 provides that all employee protection legislation on the Statute Book in Ireland applies to workers posted to work in Ireland in line with Directive 96/71/EC of the European Parliament and Council of 16 December 1996.

Section 20 of the 2001 Act also provides that all employee protection legislation applies to a person, irrespective of his or her nationality or place of residence, who has entered into a contract of employment that provides for his or her being employed in the State or who works in the State under a contract of employment. Thus all employment rights legislation applies to migrant workers engaged to work in Ireland under a contract of employment.

Labour 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 or individuals concerned and, if appropriate, a prosecution is initiated. Employers are required to maintain records in respect of such employees, and those records, together with other substantiating evidence, for example, a statement from an employee, provide the essentials of a basis for legal proceedings. Failure to maintain adequate records by an employer is an offence.

It should be noted also that, in many cases, employment rights legislation has provisions whereby workers who believe that they have been denied their entitlements, or otherwise unfairly treated, can, as an alternative to dealing with the labour inspectorate, take the matter before a Commissioner in the Rights Commissioner Service of the Labour Relations Commission.

I urge anyone who has 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.