Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 245: To ask the Minister for Enterprise, Trade and Employment if his attention has been drawn to the practice by some companies, particularly in the construction field, of listing job vacancies only in eastern European languages; if such advertisements are investigated to ensure the company is not deliberately recruiting migrant workers with the intent of paying substandard wages; and if he will make a statement on the matter. [17230/06]

Tony Killeen (Clare, Fianna Fail)
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Employers in the Construction Sector, who wish to recruit workers from outside the European Economic Area are required to seek work permits for each employee recruited. Among the conditions for the granting of work permits is a requirement that such vacancies must be advertised through FÁS. An employer registering a vacancy with FÁS must specify that the vacancy is a potential work permit application. If the employer fails to do this it will not be possible at a later stage to acquire a work permit to fill the vacancy.

Work permits are not granted in circumstances where the proposed rate of pay is less than the statutory minimum rates provided for in Employment Rights legislation.

The wages and employment conditions of workers employed in the Construction Industry are governed and safeguarded by the Registered Employment Agreement (Construction Industry Wages and Conditions of Employment) Variation Order, which is enforced by the Labour Inspectorate of my Department. Labour Inspectors are empowered to seek compliance with payment of the statutory minimum rates of pay specified in the Agreement. The Labour Inspectorate has no role in the investigation of the advertising of job vacancies including vacancies in the construction sector.

If it is the case that certain workers are paid less than other workers for comparable work and there are no other relevant differentiating features it may be appropriate to refer the matter to the Equality Authority for consideration under Equality Legislation.

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.

If the Deputy is aware of any breaches of the Registered Employment Agreement, please contact the Labour Inspectorate of the Department of Enterprise, Trade and Employment who will investigate any allegations in this regard.