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Do non-EU workers get the same rights as EU workers?

  • 09-12-2011 11:25pm
    #1
    Augmerson
    Banned (with Prison Access) Posts: 6,162 ✭✭✭


    Hi guys, I am posting a question on behalf of my Brazilian flatmate. I was talking to him the past day and he was telling me about where he works, a restaurant, and how he is always wrecked tired because he is doing long shifts. I am not asking the question if that is normal; my sister and her brother-in-law worked as chefs and they worked long hours a lot so I know that.

    He doesn't seem to get proper breaks though, like for 6 hours he will get 20 minutes. I didn't think that was quite right, or that since working almost constantly since April, he has only 16 holiday hours according to his manager, who sends him his payslip in an email that she does up on excel. Is that normal practice? It seems all the non-Irish staff at the restaurant he works in are treated the same way, while Irish staff get time off and don't have to work 7 day weeks. Surely you are allowed some time off?

    The basic question is anyway: are workers from outside the EU or outside of Ireland but legally allowed to work here, allowed the same rights as Irish people?


Comments

  • #2
    mikemac1
    Closed Accounts Posts: 12,395 ✭✭✭✭mikemac1


    since working almost constantly since April, he has only 16 holiday hours according to his manager

    Does he struggle with English and maybe got confused here?

    Maybe the manager said 16 days, that sounds about right


  • #3
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Simple answer is that all workers have the same rights.

    Some employers may take advantage of non EU workers who may not have good English and knowledge.


  • #4
    Augmerson
    Banned (with Prison Access) Posts: 6,162 ✭✭✭Augmerson


    mikemac1 wrote: »
    Does he struggle with English and maybe got confused here?

    Maybe the manager said 16 days, that sounds about right

    He is quite good at English, no problem holding a conversation with him.


  • #5
    Mrs OBumble
    Registered Users, Registered Users 2 Posts: 26,286 ✭✭✭✭Mrs OBumble


    ResearchWill wrote: »
    Simple answer is that all workers have the same rights.

    Some employers may take advantage of non EU workers who may not have good English and knowledge.

    +1

    The only difference I know of re how foreign workers are treated is from Revenue: non-Irish citizens who say they are here for less than 12 months are taxed on the week-one thing instead of the standard way.

    Research Will's right though, IMHO: in the height of the recession, some of us got a very strong sense that English-background foreigners (America, Canada, Australia, NZ) were the least likely to be employed - because we were far more likely to know the rules and expect to be paid minimum wage. No proof, but I was far from the only one to get that impression.


  • #6
    mikemac1
    Closed Accounts Posts: 12,395 ✭✭✭✭mikemac1


    It goes on alright
    I worked in a small hotel with three Irish staff out of seventeen. And we were paid more for doing the same job because we argued for more, we're experienced staff.
    And didn't take crap from management. Citizen Advice Bureau helped me with my holiday pay, had to fight for that

    No wonder management didn't want more of us

    But that's the hotel sector, a sector notorious for treating staff badly. Thankfully most employers are not like that


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  • #7
    mattjack
    Registered Users, Registered Users 2 Posts: 5,389 ✭✭✭mattjack


    I think you get a day and a quarter holidays for every month you work and as far as I know you are supposed to get handed a payslip weekly or monthly


  • #8
    mikemac1
    Closed Accounts Posts: 12,395 ✭✭✭✭mikemac1


    I don't think you have to be physically handed a pay-slip

    My pay-slip is emailed to me and I have a username and password to open it


  • #9
    Robdude
    Closed Accounts Posts: 709 ✭✭✭Robdude


    I'm a non-EU worker and just got my paperwork/information from NERA about employment rights and what not. I can't find anything that is different from EU and non-EU workers; it seems like all of the regulations are the same.

    The only differences I know of have to deal with what happens *after* you stop working. For example, an Irishman could get on the dole - where as someone like me, who did the same job as him for the last four years (as an example) would be ineligible to collect any government money and would be forced to leave the country unless I could locate another job.

    That and the non-EU worker has deal with the work-permit stuff. The application was 1000 euro (good for two years), and then the GNIB card was 150 euro (good for one year). I guess it's like an extra 1150 euro tax each year for not being EU.


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