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Off the books, workers rights

  • 01-12-2012 12:09am
    #1
    okioffice84
    Registered Users, Registered Users 2 Posts: 273 ✭✭


    It seems that there is a growing black economy in these recessionary times; especially with migrant workers (often from within the EU).

    Can these "off the books" workers still avail of legal protections such as unfair dismissal, min notice etc?


Comments

  • #2
    GullibleOne
    Registered Users, Registered Users 2 Posts: 132 ✭✭GullibleOne


    okioffice84 wrote: »
    It seems that there is a growing black economy in these recessionary times; especially with migrant workers (often from within the EU).

    Can these "off the books" workers still avail of legal protections such as unfair dismissal, min notice etc?
    how could tney be unfairly dismissed from a job they are not legally in?


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


    okioffice84 wrote: »
    It seems that there is a growing black economy in these recessionary times; especially with migrant workers (often from within the EU).

    Can these "off the books" workers still avail of legal protections such as unfair dismissal, min notice etc?

    From the UFD Acts


    (11) Where the dismissal of an employee is an unfair dismissal and a term or condition of the contract of employment concerned contravened any provision of or made under the Income Tax Acts or the Social Welfare Acts, 1981 to 1993, the employee shall, notwithstanding the contravention, be entitled to redress under this Act, in respect of the dismissal.


  • #4
    kkelliher
    Registered Users, Registered Users 2 Posts: 1,583 ✭✭✭kkelliher


    ResearchWill wrote: »

    From the UFD Acts


    (11) Where the dismissal of an employee is an unfair dismissal and a term or condition of the contract of employment concerned contravened any provision of or made under the Income Tax Acts or the Social Welfare Acts, 1981 to 1993, the employee shall, notwithstanding the contravention, be entitled to redress under this Act, in respect of the dismissal.


    There was a recent irish case involving a take away which i believe confirmed you have no rights if not paid correctly and with the correct papers


  • #5
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    kkelliher wrote: »
    There was a recent irish case involving a take away which i believe confirmed you have no rights if not paid correctly and with the correct papers

    That case involved an illegal worker as he had no valid work permit and that was the issue there is another thread on that issue which is a totally different issue to working on the black economy. The OP mentioned workers from within the EU the case you mentioned a non EU worker.

    http://www.boards.ie/vbulletin/showthread.php?t=2056819569


  • #6
    okioffice84
    Registered Users, Registered Users 2 Posts: 273 ✭✭okioffice84


    kkelliher wrote: »
    There was a recent irish case involving a take away which i believe confirmed you have no rights if not paid correctly and with the correct papers
    I'm familiar with that case, but I'm talking about those that are entitled to work here but are being paid off the books


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  • #7
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    okioffice84 wrote: »
    I'm familiar with that case, but I'm talking about those that are entitled to work here but are being paid off the books

    Then look at #3 above the UFD Acts covers persons working in the untaxed economy.


  • #8
    okioffice84
    Registered Users, Registered Users 2 Posts: 273 ✭✭okioffice84


    ResearchWill wrote: »
    Then look at #3 above the UFD Acts covers persons working in the untaxed economy.

    Yes, I thanked you for that one.


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