Rogue employers could be jailed
ROGUE employers could face fines of up to €250,000 -- or prison -- if they breach new laws copper-fastening workers' rights, under government proposals published yesterday.
The employment law compliance Bill will result in fines of €5,000 or imprisonment of up to 12 months for summary offences. Penalties of €250,000 or 3 years' imprisonment will follow for indictable offences.
However, Fine Gael last night claimed the legislation failed to provide for the naming and shaming of rogue employers without first going through the courts. New figures show that 192 employers underpaid staff last year but no penalties followed.
The bill, which will be debated in the Dail in the coming weeks, will put the National Employment Rights Authority [NERA] on a statutory footing, provide for the appointment of a director and advisory board, and increase penalties and fines.
Enterprise, Trade and Employment Minister Micheal Martin yesterday claimed it was the "most significant single piece of legislation" introduced in the employment rights area in recent years.
"It is a comprehensive package and a firm indication of this government's commitment to the principles of social partnership," Mr Martin said.
"It is a reminder that, in the drive for greater competitiveness, there is a need to ensure that responsible employers who meet their obligations to employees will have a level playing field."
However, Fine Gael's enterprise spokesman Leo Varadkar said he would be seeking a provision in the legislation to empower the NERA to levy fines on rogue employers without having to go through the courts.
Vulnerable
"The imposition of fines without having to go through the courts first is key if this agency is to have any real teeth to protect vulnerable employees," he said.
Last night, the Irish Congress of Trade Unions [ICTU] welcomed the bill as a "very honest effort" to deliver on the commitments made in Towards 2016.
However, a spokesman for ICTU claimed that while employers will be required to keep detailed records on employees, the legislation does not specify that these records must be kept in Ireland.
"If there is the suspicion of an offence but the records are kept in Warsaw or London, you can't pursue an employer," he said.
SIPTU, which previously made the enactment of the bill a pre-condition of any new pay deal, gave a guarded welcome to the bill. President of SIPTU Jack O'Connor said he would need to study the legislation further before giving a final verdict.
"Assuming the bill complies with the Towards 2016 agreement, and does not contain provisions that would be detrimental to trade unions, I would like to acknowledge that the Government appears to be honouring its commitment to significantly enhance the protection afforded to (workers)."
- Aine Kerr and Anne-Marie Walsh
