Brian Hayes (Dublin South West, Fine Gael)
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Question 124: To ask the Minister for Enterprise, Trade and Employment the mechanisms in place to ensure that migrant workers are not exploited in the services sector of the economy; and if he will make a statement on the matter. [8208/08]

Billy Kelleher (Cork North Central, Fianna Fail)
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I suggest that the matter at issue here relates to all workers and not just to workers from outside the State, since our laws apply equally to all who are in employment here, including persons working in the services sector. I assume that the Deputy is referring to breaches of employment law, or of employment-related legislation.

A large body of employment rights legislation covering areas as diverse as terms of employment, organisation of working time, payment of wages, part-time workers, maternity leave etc has been put in place over recent years. These provisions apply to all in employment, regardless of sector and employees in the services sector can, of course vindicate their rights under these provisions through the use of the State's dispute resolution machinery, such as the Rights Commissioner Service, the Labour Court and the Employment Appeals Tribunal.

Nevertheless, experience has shown that the unprecedented expansion of the economy over the last decade has provided opportunities for exploitation, particularly in the case of those newly arrived in the country and not aware of their very extensive employment rights. Combating such abuses requires action not only from government agencies but also by other representative groups in broader society.

The Government's response to this changing reality has been to avail of the social partnership process to agree with the social partners a new framework to bring about greater compliance with employment law and to provide the administrative means to give effect to these commitments. Already, the National Employment Rights Authority – NERA — has started work, with a significant increase in staff and a new regional structure. NERA is publishing material to promote employment rights in up to eleven languages and ten of the 90 officers that form the Inspectorate will have specialist foreign language skills.

When setting up the National Employment Rights Authority the Government made a very significant additional investment in the areas of promoting compliance with employment law and in ensuring that, in the event of non-compliance, there are effective mechanisms for redress and, where appropriate, for prosecution. I would urge anyone who has specific complaints to contact NERA immediately, to enable these to be investigated. Alternatively, and where appropriate, employees should refer their complaints directly to the dispute settling agencies for redress.