Written answers

Wednesday, 16 June 2010

Department of Enterprise, Trade and Innovation

Employment Rights

7:00 pm

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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Question 72: 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. [24356/10]

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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Ireland's body of employment rights legislation protects all workers 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. Code of Practice

A Code of Practice for Protecting Persons Employed in Other People's Homes has been prepared under the Industrials Relations Acts 1990. The code seeks to · Set out certain employment rights and protections · Encourage good practice and compliance with the law and · Increase awareness of the application of relevant legislation and code. Provision of information

NERA Inspection Services plays an important role in promoting employment rights. Interpretation resources are available to inspectors as required. NERA provides information through a variety of other channels - - 24 hour telephone information service provides lo call 1890 80 80 90 -www.employmentrights.ie, - recorded over 1.5 million web page impressions in 2009. Many of the booklets available for downloading are in several different languages.

NERA also liaises with a number of organisations, including the Migrant Rights Centre of Ireland. NERA 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 organisations. In 2009 €2.5 million in unpaid wages were recovered for over 6,000 workers. This would have included migrant workers. 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.

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