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

ILO National Workshop October 29/30th 2009 Presented By Ger Deering Director National Employment Rights Authority. Irish Labour Market. There were 1.965 Million persons in employment in Ireland in Q1 2009 – a decrease of 7.5%

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

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

  2. Irish Labour Market • 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

  3. NERA’s Mission Statement “To achieve a national culture of employment rights compliance”

  4. NERA Achieving Compliance • 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

  5. NERA Achieving Compliance Protecting Compliant Employers and Sustainable Jobs

  6. Sources of Employment Law 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 & enforceable Unregistered: usually neither binding nor enforceable between the parties Custom & Practice: Where reasonable, notorious and long-standing.

  7. NERA Achieving Compliance

  8. NERA’s Research NERA’s Information Services Lo-Call number Publications Website www.employmentrights.ie Awareness Activity Presentations Exhibitions

  9. NERA’s Information Services

  10. NERA’s Information Services Arabic Chinese Czech English French Irish Latvian Lithuanian Polish Portuguese Romanian Russian Spanish

  11. Meeting Increased Information/Call Demand

  12. NERA’s Inspection Services • 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

  13. NERA’s Inspectors – Language Skills Czech English French German Irish Latvian Lithuanian Polish Portuguese Romanian Russian Slovak Spanish

  14. NERA’s Inspection Services Sectoral Campaigns Agriculture/Mushroom Construction National Minimum Wage Protection of Young Persons Security Catering Contract Cleaning Hotels

  15. NERA’s Inspection Services

  16. NERA’s Inspection Services

  17. Dealing with Non-Compliance • Ask employer to rectify any breaches • Provide reasonable time-frame to become compliant • Close file if compliance achieved • Escalate to Prosecution Services if employer does not rectify breaches • Carry out follow-up inspection (6-12 months) to ensure compliance is maintained

  18. Working with our stakeholders to achieve a national culture of employment rights compliance

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