Employers guilty of exploiting migrant workers face fines of up to €50,000 or five years in prison under the terms of a Bill published yesterday by Minister for Employment Micheál Martin.
The long-awaited Employment Permits Bill, if enacted, would also empower the Minister to introduce a green card-type system for highly-skilled migrant workers.
Lower-skilled workers from outside the European Economic Area would continue to require work permits linked to specific jobs, as at present.
In a fundamental change to the existing policy, however, workers rather than employers are to be the holders of the permits. They would also have enhanced rights and greater flexibility than at present to change jobs, Mr Martin promised.
The Bill was broadly welcomed by Opposition TDs as well as business and union representatives, although some questioned whether it would be properly enforced.
The Bill is to be brought before the Oireachtas in the autumn. At a press conference to announce it, Mr Martin dismissed suggestions that it would have limited practical effect for work-permit holders.
The present system, under which employers hold permits and workers are tied to specific places of employment, has been likened by critics to "bonded slavery".
The proposed new system would see employers continue to apply for permits on workers' behalf, but the permits would be issued to the workers themselves.
Should they wish to change jobs, however, their prospective employer would be required to secure a new permit. This is also the case under the present system.
Mr Martin, however, said the Bill "significantly" improved the position of migrant workers. Permits would not only be issued directly to workers, but would also include a statement of their rights and entitlements such as the minimum wage.
The permits would also inform workers of their entitlement to change jobs when application was made for another permit, he said.
"This will provide migrant workers with greater freedom and flexibility." The Bill also prohibited employers from deducting recruitment expenses from workers' pay and from retaining their personal documents, he added.
Green cards are different from work permits in that they allow holders full freedom to seek jobs within specified areas of the economy. The Bill empowers the Minister to introduce such a system for highly-skilled workers where skills gaps could emerge such as ICT, financial services, biotechnology and pharmaceuticals.
Mr Martin can also set limits on the number of work permits to be issued, depending on the needs of the economy. Forfás and the Expert Group on Skills Needs are currently examining the issues involved.
Siptu president Jack O'Connor described the Bill as a "very small" and belated step forward, and he called for urgent measures to improve enforcement.
Fine Gael employment spokesman Phil Hogan welcomed the Bill but said it "could sink without trace" given the Government's record on legislation. His Labour counterpart, Brendan Howlin, said a properly-staffed and resourced labour inspectorate would be needed to implement it.
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Employment Permits Bill: main features
Green card-type system to be introduced for highly-skilled migrant workers, likely to apply in sectors such as ICT, financial services, biotechnology and pharmaceuticals.
Lower-skilled workers from outside the European Economic Area (EU plus Iceland, Norway, Liechtenstein and Switzerland) will continue to require work permits.
Permits to be issued to employees rather than employers, and to include statements of workers' rights and entitlements.
Employers to be prohibited from deducting recruitment expenses from workers' pay and from retaining workers' personal documents.
Fines of up to €50,000 or jail terms of up to five years for breaches of the legislation.
