Workplace Rights

 

Justice in the Workplace for Migrant Workers
Migrant workers are entitled to the same labour rights and protections as other workers in Ireland. However, the exploitation of migrant workers in Ireland, particularly in low pay, non-unionised sectors, is widespread.

Between March 2006 and March 2008 the MRCI assisted exploited migrant workers in receiving settlements and awards of more than €1 million for back-wages and other violations of their employment rights.

MRCI’s experience is that exploitation is most prominent among migrant workers employed as agricultural workers, domestic workers, contract cleaners and restaurant and hotel workers. The severity of the exploitation can vary from discriminatory practices in pay and conditions, to situations of forced labour.

The MRCI works for justice at the workplace for migrant workers in three main ways:

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MRCI Action Groups
Currently there are three main Action Groups working within the MRCI:
1. Domestic Workers Support Group
2. Agricultural Workers Association
3. Restaurant Workers Group

click here for more information
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Know Your Rights
Workplace exploitation constitutes a wide variety of situations in which a worker is taken advantage of, and denied their rights provided under Irish employment law.

Irish employment legislation applies to all workers, irrespective of their nationality. Some of the most common complaints of workplace exploitation include:

Approaches to Addressing Workplace Exploitation
1. Know Your Rights All workers need to clearly know their rights and entitlements at the workplace. Several occupations such as construction, agriculture, hotel and catering, and contract cleaning provide additional rights and entitlements. It is also important to be aware of rights regarding Health and Safety and Equality. If you need any information about your workplace rights and entitlements you can contact the National Employment Rights Authority. You can also contact the MRCI, a trade union or a local Citizens Information Centre (see ‘Further Information’ below for contact details).

2. Keep a Record It is very important for a worker to maintain a detailed, written record of employment history. This will be very important if a problem arises and there is a need to produce evidence. Important things to record include daily hours of work, breaks, pay, and keeping all pay slips or other documents given at work. Writing down any incidents that happen in the workplace immediately after they happen, and recording the names of those who witness them, is also recommended.

3. Communicate with the Employer Where possible, the employee(s) may bring problems or complaints directly to his/her employer or manager. If there is a trade union at the workplace you may bring the issue to the attention of a union representative. If there is no trade union present in the workplace you can also try to contact a trade union branch for assistance in your local area. You may also contact the MRCI or a local Citizens Information Centre for advice (see ‘Further Information’ below for contact details).

4. Making a Complaint If it is not possible to approach the employer directly, and/or the problem cannot be resolved, you may refer the matter, if appropriate, to an employment right complaints body. There are a number of options to pursue:

a) Labour Inspectorate: You may refer a complaint in writing to the Labour Inspectorate. An inspector will require the specific details regarding the complaint, and any evidence. A worker can request that their name is not used and kept confidential. This is a good option for people who are still employed in the company/firm. A Labour Inspector will inspect the workplace and review company records, and if they find abuses they will try to resolve the situation with the employer, and/or may prosecute the employer. In some cases this may lead to the recovery of unpaid wages or other compensation for workers. The entire process may take several weeks or months. More information on the Labour Inspectorate can be found at www.employmentrights.ie

b) Formal Employment Complaints Body: Depending on the situation a worker can lodge a formal complaint with the appropriate body such as the Rights Commissioner Service (Labour Relations Commission), Employment Appeals Tribunal, Equality Tribunal or Labour Court. Often employees who use this option are seeking some form of back wages or compensation from their employer after they have left employment. It can be effective in cases where there is no other way to resolve a situation. This process can be technical and many often seek a representative to assist them such as a trade union representative, solicitor, or other person trained in employment rights law. It may take many months to get a hearing and decisions can be appealed which may add to the length of the process. Please note that there are strict time limits usually of six months within which a worker must file a complaint otherwise it may not be heard. The following are the websites for the most common complaints bodies:

Other types of complaints
If a complaint relates to Health and Safety issues it can be brought to the Health and Safety Authority which have inspectors www.hsa.ie. If it relates to non-payment of tax, the Revenue Commissioners should be contacted www.revenue.ie. If an employer has not paid Pay Related Social Insurance (PRSI), a complaint can be made to the Social Welfare Inspectorate www.welfare.ie - click here

For Further Information

National Employment Rights Authority (NERA)
Information Service - provides free information on employment rights in Ireland. Information is available on their website in different languages.
Call: Lo-call 1890 808 090 (From 9:30am to 5:00pm)
Email:info@employmentrights.ie
Write to Information Services, NERA, O'Brien Road, Carlow www.employmentrights.ie

If you have questions on your workplace rights you can also visit your nearest Citizens Information Centre (CIC) – addresses are in the Golden Pages telephone directory or you can find your nearest CIC on www.citizensinformation.ie using their online directory - click here. You can phone the Citizens Information Phone Service on Lo Call 1890 777 121

Citizens Information Board Publication ‘Employment Rights Explained’ - contains information in simple language about rights and entitlements in the workplace. It is available through the nationwide network of Citizens Information Centres. Copies are also available by contacting the Citizens Information Board on 01-6059000 or visiting www.citizensinformationboard.ie (click on ‘Publications’).

Labour Relations Commission
Tom Johnson House,
Haddington Road, Dublin 4
Tel: (01) 613 6700
Lo Call: 1890 220 227 (outside (01) area)
Fax: (01) 613 6701
www.lrc.ie

Employment Appeals Tribunal
Davitt House,
65a Adelaide Road, Dublin 2.
Tel: (01) 631 3006
Lo Call: 1890 220 222
Fax: 01 6313266
www.employmentappeals.ie

Equality Tribunal
3, Clonmel Street,
Dublin 2
Tel: (01) 4774100
Lo Call: 1890 34 44 24 (outside (01) area)
Fax: (01) 4774141
www.equalitytribunal.ie

Health and Safety Authority
Tel: (01) 614 7000
Lo Call: 1890 289 389
Fax: (01) 614 7020
www.hsa.ie

Revenue Commissioners
Tel: (01) 647 4444
www.revenue.ie

Social Welfare Inspectorate
Contact your Social Welfare Local Office (SWLO) and ask to speak to the inspector. For a list of local offices
Tel: 071 919 3313, or
Lo Call: 1890 66 22 44,
or click here
www.welfare.ie

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