Kathleen Lynch (Cork North Central, Labour)
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Question 13: To ask the Minister for Enterprise, Trade and Employment if his attention has been drawn to concerns expressed by SIPTU that the treatment of some foreign workers employed as domestic workers amounts to forced slavery and that the union is taking three cases per month on behalf of foreign domestic workers to the Labour Court; his views on this development; if he is satisfied that adequate safeguards are in place to protect such vulnerable workers; and if he will make a statement on the matter. [16556/08]

Billy Kelleher (Cork North Central, Fianna Fail)
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Ireland's comprehensive body of employment rights legislation, which protects employees against arbitrary behaviour by employers, applies to all workers employed on an employer-employee basis in Ireland. The Protection of Employee's (Part-Time) Work Act, 2001 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.

Inspectors from the National Employment Rights Authority (NERA) pursue allegations of worker mistreatment and when evidence of non-compliance with the relevant employment rights legislation is found, the Inspection Services seek redress for the individual/s concerned and, if appropriate, a prosecution is initiated. Employers are required to maintain records in respect of 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 to maintain adequate records by an employer is an offence.

A Code of Practice for Protecting Persons Employed in other People's Homes was introduced in May, 2007. The Code of Practice follows from agreement by the social partners, within the framework of Towards 2016, on the need for special measures to support the employment rights of those people who are employed in the homes of others.

The Code provides a comprehensive framework for an agreed understanding of rights and responsibilities for the protection of those who can, potentially, be very vulnerable workers. The Code emphasises that employees in other people's homes have an equal entitlement to the employment rights and protections available to any other employee. It highlights a number of these rights and includes provisions relating to protections that have particular relevance to these employers and employees.

It is intended that NERA will include the Code in the arrangements it is making to give greater visibility to the employment rights of workers. The Code is also made available to workers employed in other people's homes where such workers have contact with the Employment Permits Section of my Department.

To facilitate NERA's monitoring of compliance with the employment rights of such workers, a provision has been included in the recently published Employment Rights Compliance Bill enabling NERA to apply to the District Court for a warrant to enter a private dwelling to carry out an inspection where the owner refuses permission.

Domestic workers are protected by the full range of employment rights legislation under which they can seek redress by referring their cases to the Rights Commissioners, the Labour Court or the Employment Appeals Tribunal. I urge anyone who has evidence of the mistreatment of persons employed as domestic workers to furnish all the relevant details and any related materials to the NERA's Inspection Services in the first instance with a view to pursuing the matter.