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

2. 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

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

4. 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

5. Protecting Compliant Employers and Sustainable Jobs NERA Achieving Compliance

6. 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. Sources of Employment Law

7. NERA Achieving Compliance

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

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

11. Meeting Increased Information/Call Demand

12. 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

13. CzechEnglish FrenchGerman IrishLatvian LithuanianPolish PortugueseRomanian RussianSlovak Spanish NERA’s Inspectors – Language Skills

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

17. 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

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