Pat Rabbitte (Dublin South West, Labour)
Link to this: Individually | In context

Question 82: To ask the Minister for Enterprise, Trade and Innovation the steps he will take to prevent the exploitation of domestic workers, particularly migrant workers in such positions; and if he will make a statement on the matter. [19195/10]

Dara Calleary (Mayo, Fianna Fail)
Link to this: Individually | In context

The Protection of Employees (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.

In 2009, €2.5 million in unpaid wages was recovered by NERA for over 6,000 workers. This would have included both indigenous and migrant workers who were identified as having been paid less than their statutory minimum entitlement under both the Industrial Relations and Minimum Wage legislation. While the amount recovered for individual employees varied significantly, the average amount paid was approximately €410 per employee.

Code of Practice A Code of Practice for Protecting Persons Employed in Other People's Homes has also been prepared under the Industrials Relations Acts 1990. The code seeks to - Set out certain employment rights and protections for persons employed in other people's homes; - Encourage good practice and compliance with the law concerning the employment of persons in other people's homes; and - Increase awareness of the application of relevant legislation and codes of practice with regard to the sector to which this code applies.

Provision of Information NERA Inspectors play an important role in promoting employment rights in the course of their inspection activity. As part of that process, Inspectors, where appropriate, inform both employers and employees of their respective obligations and rights.

NERA provides this information through a variety of channels. The telephone information service provides a 24-hour a day service, offering callers the option to listen to recorded information on key employment rights topics at a time that suits them. NERA's website (www.employmentrights.ie) is a much-used information resource, recording over 1.5 million web page impressions during 2009.

NERA also provides a broad range of information through booklets and leaflets. These include 'Guide to Inspections' and 'Guide to Employment Rights' leaflets, a booklet entitled 'Employment Law Explained' and a publication entitled 'Starting or Expanding a Business'. All of these booklets are available free of charge from NERA and may also be viewed and downloaded from the NERA website.

As part of NERA's continuing commitment to provide fully accessible information and services to all its customers, NERA proactively provides information by participating in events organised by trade unions, employer bodies, public bodies, educational institutions and civic society groups throughout the country. In 2010, NERA will provide workshops throughout the country where employers and employees can meet NERA staff in an informal setting with a view to getting information relevant to their particular circumstances.

NERA also liaises with a number of organisations, including the Migrant Rights Centre of Ireland (MRCI), which deal directly and closely with migrant workers. It has also appointed a member of its management team to liaise with the MRCI on matters of common interest and to maintain open communications between the organizations.

NERA is committed to ensuring that workers from overseas have access to Employment Rights information. Of the 69 NERA Inspectors currently employed, 9 have specific language skills in Polish, Slovakian, Lithuanian and Russian. NERA also draws on interpretative service providers for other languages as required. An information brochure is available in 12 different languages including Polish, Lithuanian, Latvian, Chinese and French.

Power to enter private dwellings There are considerable protections in the constitution to protect the privacy of personal dwellings. However, NERA Inspectors can enter a private home with the consent of the occupier. It can also, apply to the District Court for a warrant to enter a private home to examine records. Such warrants may only be issued if a judge of the District Court is fully satisfied that the application is valid in all respects and is based on the sworn information of an Inspector that there are reasonable grounds for suspecting that information required by an Inspector is held on any premises or any part of premises.

NERA uses information available from a number of sources, including the employment permits database, to identify potential employers of domestic employees. It will also investigate any complaints of suspected breaches of employment legislation received. I would encourage anyone who believes that their employment rights are being infringed to contact NERA as follows:

NERA Information Service Telephone: (059) 917 8990 Lo-Call 1890 80 80 90 Fax: (059) 917 8909 NERA Inspection Service Telephone: (059) 917 8900 Lo-Call 1890 220 100 Email: inspection@employmentrights.ie