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Sam Boal/Photocall Ireland

New law to fix 'stolen wages' of undocumented workers

The amendment passed yesterday addresses a loophole regarding compensation for work or services carried out by undocumented workers.

NEW EMPLOYMENT LEGISLATION has been welcomed by the Migrant Rights Centre Ireland as an important step in preventing the exploitation of undocumented migrant workers in Ireland.

The Employment Permits (Amendment) Bill 2014 was passed in Leinster House yesterday, and is due to come into effect on 1 September.

The Bill’s explanatory memo says that it extends the provisions of the Employment Permits Acts 2003 and 2005 to “address deficiencies identified in the legislation with the potential for employers to benefit from (at the cost of the employee) the un-enforceability of employment contracts in situations where an employee does not hold an employment permit but is required to do so”.

The amendment also facilitates the provision of civil proceedings to compensate foreign nationals for work done or services rendered in certain circumstances.

The MRCI says that this loophole in the previous legislation was highlighted by a High Court judgment in 2012 in the Hussein v The Labour Court case which overturned a Labour Court decision to award Mohammed Younis over €92,000 in back pay.

Speaking about the legislation’s approval at Government Buildings, Younis said:

This will make sure that workers like me will have the opportunity to claim stolen wages back through the courts. All undocumented workers exploited by unscrupulous employers in Ireland will now have their rights vindicated.

The MRCI said the legislation will allow undocumented workers who had previously held a work permit and lost it through no fault of their own to get another work permit.

MRCI Coordinator Gráinne O’Toole said that the rights group has some concerns about the legislation, including concerns over the potential use of work permit information for ethnic profiling, but that overall it is “progressive legislation”.

“This legislation is undoubtedly crucial and will enable us to tackle the exploitation of migrant workers more effectively,” O’Toole said.

“We will be spending time in the civil courts seeking to secure compensation for stolen wages for the many migrant workers who were affected by the Mohammed Younis judgment.”

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20 Comments
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    Mute George Grey
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    Aug 6th 2014, 1:55 PM

    Water water everywhere but not a drop to drink………

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    Mute Romauld O'Falluin
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    Aug 6th 2014, 5:12 PM

    Tá siad ag teacht!

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    Mute Marc Walsh
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    Aug 6th 2014, 2:31 PM

    I just got back from the Aran Islands I don’t know how there is a water shortage everyone seems to drink alcohol

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    Mute Steve Hardy
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    Aug 6th 2014, 1:48 PM

    It’s just as well they don’t have flushing toilets out there

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    Mute Dermot Ryan
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    Aug 6th 2014, 2:00 PM

    Why? …. are you full of shit ?

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    Mute Dermot Ryan
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    Aug 6th 2014, 1:59 PM

    It seems the curse of John Tierney hasn’t left Galway yet ..figuratively speaking !

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    Mute Mike Chambers
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    Aug 6th 2014, 2:07 PM

    The lake is 10 – 15% salt water as far as I know.

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    Mute Steve
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    Aug 7th 2014, 12:05 AM

    That was the old lake

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    Mute George Grey
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    Aug 6th 2014, 1:58 PM

    And just how do they construe a situation whereby they have “depleted reserves” ……..what with all the rain lately and it also being a time when lots of visitors are expected to the islands you’d think……..awe. ….maybe not!

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    Mute Dermot Ryan
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    Aug 6th 2014, 2:01 PM

    the rainfall in the islands is much lower than inland because the clouds have to hit the cold air of the mountains first – The water cycle !

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    Mute L Connors
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    Aug 6th 2014, 3:20 PM

    Ferry good news.

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    Mute Eric Davies
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    Aug 6th 2014, 3:45 PM

    we were over that way last week staying in Doolin, it rained most of wednesday, hammered it down on thursday and didnt stop at all on friday , in fact the rain was that heavy the river went from being a couple of inches deep to nigh on 3 -4 ft deep by friday night . and it was all coming in from a seaward direction i.e. from over the islands.

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    Mute Declan Fitzsimons
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    Aug 7th 2014, 12:20 AM

    Eric, across the bay in Sunny Spiddal, about 28km as the crow flies, Wednesday and Thursday were glorious days, albeit it did piss on Friday.

    Dermot Ryan is correct, the Aran Islands and indeed quite a bit of coastal Connemara, experience less rainfall hours than most parts of Ireland. The annual insolation in these areas is on a par with Wexford.

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    Mute Cpm
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    Aug 6th 2014, 2:26 PM

    An bfhuil siad arais?

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    Mute Steve
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    Aug 6th 2014, 2:03 PM

    Odd that reserves are low on Inis Oirr. They got a new lake recently that should have catered for demand. Restrictions are 8pm to 8am so its not too bad

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