ILO National Workshop October 29/30th 2009 Presented By Ger Deering Director
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Transcript of ILO National Workshop October 29/30th 2009 Presented By Ger Deering Director
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ILO National Workshop
October 29/30th 2009
Presented By Ger Deering
Director
National Employment Rights Authority
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•There were 1.965 Million persons in employment in Ireland in Q1 2009 – a decrease of 7.5%
-287,000 non-Irish nationals were in employment in Q1 2009 This is a decrease of 55,700 over the year.
•Nationals of the EU Accession states showed a decline in employment of 41,600
•In the first quarter of 2009 non-Irish nationals accounted for 14.6% of all persons,15 years of age and over, in employment down from 16.2% in Q4 2007.
CSO
Quarterly National Household Survey
Quarter 1 2009
Irish Labour Market
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“To achieve a national culture of employment rights compliance”
NERA’s Mission Statement
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Working with our stakeholders including employers, employees and NGOs to achieve compliance and protect the rights of all workers working in the state through:
- Information and Education- Inspection- Prosecution- Enforcement
NERA Achieving Compliance
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Protecting Compliant Employers and Sustainable Jobs
NERA Achieving Compliance
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Common Law: Decisions of the Superior Courts
Contractual basis of the employment relationship Incorporation of terms from Collective Agreements Distinction between employees and self-employed
persons Legislation:
Primary Secondary‘Home grown’
EC/EU Derived Collective Agreements:
Registered: legally binding & enforceableUnregistered: usually neither binding nor enforceable between the parties
Custom & Practice: Where reasonable, notorious and long-standing.
Sources of Employment Law
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NERA Achieving Compliance
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NERA’s Research
• Lo-Call number• Publications• Website www.employmentrights.ie• Awareness Activity• Presentations• Exhibitions
NERA’s Information Services
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NERA’s Information Services
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ArabicChineseCzechEnglishFrenchIrishLatvianLithuanianPolishPortugueseRomanianRussianSpanish
NERA’s Information Services
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Meeting Increased Information/Call Demand
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Calls Presented
Calls Answered
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• NERA Inspection Activity– Complaints – Campaigns– Routines
• Announced and Unannounced Inspections
• Joint investigations– Revenue Commissioners (Tax)– Social and Family Affairs (Social Welfare)– Garda National Immigration Bureau
NERA’s Inspection Services
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Czech English
French German
Irish Latvian
Lithuanian Polish
Portuguese Romanian
Russian Slovak
Spanish
NERA’s Inspectors – Language Skills
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Sectoral Campaigns • Agriculture/Mushroom• Construction • National Minimum Wage • Protection of Young Persons• Security• Catering• Contract Cleaning• Hotels
NERA’s Inspection Services
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NERA’s Inspection Services
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NERA’s Inspection Services
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Dealing with Non-Compliance
1. Ask employer to rectify any breaches
2. Provide reasonable time-frame to become compliant
3. Close file if compliance achieved
4. Escalate to Prosecution Services if employer does not rectify breaches
5. Carry out follow-up inspection (6-12 months) to ensure compliance is maintained
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Working with our stakeholders to achieve a national culture of
employment rights compliance