ILO National Workshop October 29/30th 2009 Presented By Ger Deering Director National Employment...

ILO National Workshop

October 29/30th 2009

Presented By Ger Deering

Director

National Employment Rights Authority

•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

“To achieve a national culture of employment rights compliance”

NERA’s Mission Statement

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

Protecting Compliant Employers and Sustainable Jobs


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

NERA’s Research

• Lo-Call number• Publications• Website www.employmentrights.ie• Awareness Activity• Presentations• Exhibitions

NERA’s Information Services

ArabicChineseCzechEnglishFrenchIrishLatvianLithuanianPolishPortugueseRomanianRussianSpanish


Meeting Increased Information/Call Demand

1074611899

104501052711406

10002

13446 13506

1570615686

20178

17645

90257959

86007151

8969

104989176

10501 11081

14749

16397

6681

10571

16136

13992

1032511152

10364

18154

5236

106699664 11328

11954

12607

91769123

14657

11149

17097

0

5000

10000

15000

20000

25000

Calls Presented

Calls Answered

• 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

Czech English

French German

Irish Latvian

Lithuanian Polish

Portuguese Romanian

Russian Slovak

Spanish

NERA’s Inspectors – Language Skills

Sectoral Campaigns • Agriculture/Mushroom• Construction • National Minimum Wage • Protection of Young Persons• Security• Catering• Contract Cleaning• Hotels


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

Working with our stakeholders to achieve a national culture of

employment rights compliance

ILO National Workshop October 29/30th 2009 Presented By Ger Deering Director National Employment...

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Transcript of ILO National Workshop October 29/30th 2009 Presented By Ger Deering Director National Employment...