The Irish Congress of Trade Unions has given a 'cautious welcome' to the publication of the Employment Permits (Amendment Bill), but said it had problems with key areas of the proposed legislation, particularly the level of control over work permits that would continue to be enjoyed by employers.
Congress Legal Affairs Officer Esther Lynch said: "We welcome publication of the Bill but have concerns about some of the proposed measures.
'trade unions have highlighted deficiencies in the existing system for some time. Unfortunately, a key concern - the level of control that employers have over the issuance and retention of work permits - has not been adequately addressed here. Experience shows that this exacerbates an already unequal relationship and can lead all too easily to abuse and exploitation.
'the Bill aims to improve the Labour Market Test, whereby an employer must demonstrate that they cannot fill a position with a worker from the European Economic Area and therefore require a permit to be issued," Ms Lynch explained.
"But there is a lack of clarity and transparency about how this will operate and there seems to be no onus on the employer to make the case for issuance of a permit. This could be hugely problematic and effective monitoring will be crucial.
"In addition, Congress would be concerned at allowing a state agency - Enterprise Ireland - the power to lobby for permits, without provision for rigorous safeguards and transparency. The grey area regarding the role of language schools also needs clarification.
Ms Lynch said Congress welcomed the fact that the Bill seeks to address the unacceptable situation whereby the High Court determined that undocumented workers fell outside of employment rights protection (Hussein v Labour Court 2012 IEHC 364.)
"In addition, Congress also welcomes the fact that the Bill provides some improvements for workers who, through no fault of their own become undocumented, allowing for a new employment permit to be issued. This problem has been consistently raised by the Migrant Rights Centre of Ireland (MRCI).
Congress will study the Bill in greater detail and will seek an early meeting with Minister Bruton to convey our concerns, Ms Lynch concluded.
