illegal working hours and no contract from employer

ieopsjzr

Hi,

My girlfriend is currently working in Dublin for the last year plus, but her employer has not/ will not give her a contract.

She is also subject to long hours (8 - 12hrs) with one lunch break. She can work late till 11 at night and be back in the following morning @8.
- Which I understand is a breach of the law?

At the moment she is breaking her visa conditions, the employer seems to be taking advantage of this situation. (this also applies to the other staff)!

• How and who should I contact to report this?
• Will this affect any future visa's?
• What is the likely out come? - As you can imagine we do not want to lose her income.
• Do I require proof before reporting this?

Thanks

ABajaninCork

ieopsjzr wrote: »

Hi,

My girlfriend is currently working in Dublin for the last year plus, but her employer has not/ will not give her a contract.

She is also subject to long hours (8 - 12hrs) with one lunch break. She can work late till 11 at night and be back in the following morning @8.
- Which I understand is a breach of the law?

At the moment she is breaking her visa conditions, the employer seems to be taking advantage of this situation. (this also applies to the other staff)!

• How and who should I contact to report this?
• Will this affect any future visa's?
• What is the likely out come? - As you can imagine we do not want to lose her income.
• Do I require proof before reporting this?

Thanks

Sadly, that's precisely WHY the employer is taking advantage! Could you speak to NERA in confidence?

Mind you, if you do that there might be a chance your GF will be reported, and if that happens, it will definitely affect her chances of getting the visa extended.

The only viable thing I can suggest is looking for another job which will not affect her visa. Sorry!

the_syco

ieopsjzr wrote: »

At the moment she is breaking her visa conditions

As this is against the law, she may be kicked out, and/or it may effect future visas if caught.

I'm taking she's a student with only limited working hours, but is well exceeding them?

ieopsjzr

Thanks for the quick reply ABajaninCork.

This is my FEAR at the moment.. but surely it is WRONG/ illegal and something can be done without affecting her visa?

I will call NERA and see what they can recommend.

ieopsjzr

That is correct "the_syco" - but that doesn't / shouldn't give the employer the right to:

• Take advantage of staff
• Breach working law (contract, hours, refuse time off & lack of rest between hours)

If that was the case.. employers should employ non-EU nationals and work them to the bone in fear! As this would be cheaper for them.

ABajaninCork

They do. And because all parties know that they're illegal, some employers will mercilessly take advantage.

Your GF needs to get out there quick smart.

ResearchWill

ieopsjzr wrote: »

That is correct "the_syco" - but that doesn't / shouldn't give the employer the right to:

• Take advantage of staff
• Breach working law (contract, hours, refuse time off & lack of rest between hours)

If that was the case.. employers should employ non-EU nationals and work them to the bone in fear! As this would be cheaper for them.

Currently illegal workers have no protection under much of the employment legislation. http://www.irishtimes.com/newspaper/ireland/2012/0901/1224323461795.html

http://courts.ie/judgments.nsf/6681dee4565ecf2c80256e7e0052005b/3f2a0cfdd0d10ccd80257a6b004e2e1b?OpenDocument&Highlight=0,Younis

the_syco

ieopsjzr wrote: »

That is correct "the_syco" - but that doesn't / shouldn't give the employer the right to:

• Take advantage of staff
• Breach working law (contract, hours, refuse time off & lack of rest between hours)

If that was the case.. employers should employ non-EU nationals and work them to the bone in fear! As this would be cheaper for them.

[devils advocate]Her working being here doesn't give her the right to break her visa rules.[/devils advocate]

In a legit company, she'd be capped at 20 hours that she could do if she's a student.

Check how much she gets now, compared to how many she'd get if she was working 20 hours legit. Also, check if the employers would need to fill out any extra paperwork as she's foreign (this could go against her if this is the case, by lazy employers).

Mrs OBumble

ieopsjzr wrote: »

At the moment she is breaking her visa conditions,

• As you can imagine we do not want to lose her income.

Sorry, but advice about how to break the law is not allowed on boards.ie

The only advice we can give is that she needs to either get another job that does not involve breaking the law, or convince her current employer to reduce her hours to what her visa allows.

Closed.