Large numbers of migrant workers are being denied "the most basic entitlements" by Irish employers, the Labour Relations Commission (LRC) said yesterday.
It revealed that an increase in claims by migrant workers last year led to a record number of referrals to rights commissioners under the Payment of Wages Act. In a sample study of the cases, more than 90 per cent of non-nationals had their claims for entitlements such as wages and holidays upheld.
The LRC is so concerned about the situation that it has commissioned research into the position of migrant workers and their access to industrial relations institutions. The commission's annual report, launched yesterday by Minister for Labour Affairs Tony Killeen, provides the most damning evidence yet that abuse of migrant workers is not confined to a few isolated cases.
The report says the LRC's rights commissioners' service received 1,538 Payment of Wages Act referrals last year. This was the highest on record and an increase of more than 20 per cent on 2003.
The experience of rights commissioners, it adds, is that an increasing proportion of claimants are migrant workers. While this reflects the participation of migrant workers in the workforce, "it is of concern that many of the complaints are brought against small and medium-sized Irish-owned enterprises.
"These claims are usually in respect of the most basic entitlements such as wages, holidays, public holidays and Sunday premium payments. The overwhelming majority of such claimants do not receive written terms of employment, which in itself is a breach of the Terms of Employment Information Act, 1994-2001. Many complain of not receiving the basic entitlement of a pay slip."
The report adds that the rights commissioners' service does not keep separate statistics regarding referrals by migrant workers.However, a sample analysis of cases taken by migrant workers to rights commissioners in 2004 showed that 94 per cent of the claimants had valid complaints.
"This is significantly in excess of the general average of successful outcomes for claimants. The claims referred were around working hours in excess of the statutory limits and underpayment of wages by reference to legally established rates in the industry or the minimum wage."
A report on the research commissioned by the LRC on the issue is expected shortly.
The commission's annual report also highlights the fact that only 11 industrial disputes took place in the State last year, the lowest on record. The 11 disputes affected 10,227 workers and resulted in the loss of 20,784 working days, compared with 24 disputes and 37,482 days lost in 2003.
LRC chief executive Kieran Mulvey said he was encouraged by the willingness of parties to find a resolution through mutual agreement or through the assistance of the commission or some other third party.
The positive statistics for last year reflected those factors as well as "the robust nature of the social partnership model".
The commission received a record number of referrals - more than 6,000 - to its conciliation, rights commissioners and advisory services last year.
LRC chairman Maurice Cashell said the public perception of the commission was formed by its involvement in "headline disputes", but most of its work was "not of a nature that grabs headlines".
