As a teacher, I have recently spoken with a few English language students who were being paid below the hourly minimum wage by various employers in Cork. I was extremely angry when I heard this, and I considered going to the employers directly to demand that they pay the students the correct rate. I also thought about going to the Gardaí to report the employers’ illegal actions. The problem was that I was afraid my students would lose their jobs if I questioned or reported the employers.

What can be done about problems with pay rates or work hours when you are afraid of losing your job? What can you do to help a friend who is being treated badly by an employer? Most importantly, what are your rights if you are a foreign national working in Ireland?  The following is a guide to your rights as a worker, and information on how to get help if you are having problems in the workplace.

Who can work in Ireland?

 According to the Comhairle website (www.comhairle.ie), "Nationals from the European Economic Area (EEA) and Switzerland do not need permission to work in Ireland." This also means that EEA workers have the same rights as Irish workers, even if they are new members to the EU. Additionally, refugees or the husbands, wives and children of EEA nationals can apply for any job in Ireland, and have the same working rights as the Irish. Workers from countries outside of the EEA must get a work permit, a working visa or a work authorisation, depending on the country they come from.
 Foreign students at Irish schools have special permission to do ‘casual work’ (a maximum of 20 hours per week) during the school term.  On their school holidays, however, they can work full time.

Pay Rates

 Employers in Ireland cannot pay workers less than €7.65 per hour (before taxes), unless you are under 18 years old, working as an apprentice or going through a training period. (To see the exact laws for these exceptions, visit www.comhairle.ie or the Citizens Information Centre at 80 South Mall, Cork, 021 427 7377, citizensinfocork@eircom.net). Also, employers must give employees "pay slips" every time they are paid.  Your pay slip should show your "Gross Wages," "Deductions," and "Net Pay." "Gross Pay is what you earn before deductions are taken out. "Deductions" are things you pay from your wages, like taxes or union dues. The "Net Pay" should be your "Gross Wages" less your "Deductions."

If you are paid less that €7.65 per hour, you can contact the Department of Enterprise, Trade and Employment to help you. It is illegal for your employer to fire you when you ask to be paid the minimum wage. If you do get fired for this reason, you can contact the Rights Commissioners for help.

Employers can sometimes ask you to pay for things you break or for money that is missing from your till. In order to take money from your paycheque for these problems, they must tell you one week before they take the money, and if they wait for longer than six months after the time of the problem, they cannot take any money from you. Most importantly, if they do not write this rule in your contract (that money will be taken if you break something or for money missing from the till), then they CANNOT take money out of your paycheque. If your employer has charged you for something that was not written in your contract, you may be able to get your money back by talking to the Department of Enterprise, Trade and Employment.

Maximum Hours and Part- Time Rights

The most you are allowed to work in a week is 48 hours (for most employees) on average. Also, you should get a 15 minute break in a four and a half hour time-period, or a 30 minute break in a six hour time-period. If you work more than six hours in most cases, you should get a one hour break. Although employers have to let you take breaks, they do not have to pay you for them.

If you work late nights followed by early mornings, you should know that you are allowed 11 hours of rest in between your shifts of work. This means that if you work until 10 PM on Friday night, your employer cannot ask you to come in to work on Saturday until 9 AM.  Also you must have one day off every week, or two days off every two weeks. There are special rules for night workers (people who work from midnight to 7 AM). In general, the most you can work at night-time is eight hours in a 24 hour period. (Please visit www.comhairle.ie for more information about night work, or visit the Citizens Information Centre.) If you are a part time worker, you have all the same rights as a full time worker, with only a few exceptions regarding retirement contributions.

Getting Help (for yourself, or for a friend)

If your employer doesn’t give you pay slips or pays you less than the minimum wage, you can ask to speak to an inspector from the Department of Enterprise, Trade and Employment. If you think your employer is making an incorrect deduction from your cheque (taking too much money out of your pay) is making you work too many hours, or has fired you unfairly, you should contact the Rights Commissioners.  The Migrant Rights Centre, The Immigrant Council of Ireland or NASC may also be able to help you with these problems.

 If you know someone who is being treated badly by an employer, encourage them to get help. Remind them that their time and skills are valuable, and that they legally deserve the correct money as well as the proper amount of time to rest. There are many organisations that can help them, and it will be illegal for the employer to fire a worker if they do ask for help from an organisation. If you would like to make a complaint about a particular employer, speak with the Government’s Labour Inspectorate, who will be able to research the problem.

Department of Enterprise, Trade and Employment
www.entemp.ie
LoCall 1890 201 615

Rights Commissioners
Tom Johsnon House,
Haddington Road,
Dublin 4
www.lrc.ie
01 613 6700
LoCall 1890 220 227

Migrant Rights Centre
www.mrci.ie
info@mrci.ie
01 889 7570

Immigrant Council of Ireland
www.immigrant-council.ie
info@immigrantcouncil.ie
01 674 0202

NASC
Enterprise House
35 Mary St.
Cork
www.nascireland.org
info@nascireland.org

Labour Inspectorate
www.entemp.ie/employment/labourinspectorate
inspectorate@entemp.ie
01 631 3067