Written answers

Thursday, 2 December 2010

Department of Enterprise, Trade and Innovation

Employment Rights

12:00 pm

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Question 48: 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. [45557/10]

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

NERA collects information from a number of sources in order to identify the location of domestic workers. NERA also investigates complaints received. In 2011, NERA will undertake a programme to assess the level of compliance in the domestic worker sector and to provide information to both employers and employees. NERA provides information through a variety of channels including

· Information booklets and leaflets in a number of languages

· NERA's website - www.employmentrights.ie - had over 286,000 visits in last 12 months with 1.3m pages accessed.

· a 24-hour telephone service, with options to hear recorded information at a convenient time.

· through NERA inspections

· NERA participates in events with trade unions ,employer and educational bodies and many others including those in the public sector.

· NERA will continue to hold its own information clinics in 2011

· a member of NERA management acts as liaison officer to keep contact open with the Migrants Rights Centre of Ireland.

· 9 NERA inspectors have specific language skills in Polish, Slovakian, Lithuanian and Russian.

· NERA also draws on interpretative resources as required.

There is a Code of Practice for Protecting Persons Employed in Other People's Homes as set out in Section 42 of the Industrial Relations Act 1990. The code seeks to

· Set out certain employment rights and protections for persons employed in other people's homes; and

· 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.

NERA Inspectors may only enter a private home with the consent of the occupier or by warrant of the District Court. It can, but has never found it necessary to, apply to the District Court for a warrant (not a search warrant) to enter a private home to examine records. Such warrants may only be issued if a judge of the District Court is satisfied that there are reasonable grounds for suspecting that information required by an Inspector is held on any premises or any part of premises.

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