Legality of cheap of labour

Harold Weiss

I know of some foreign nationals working 7 days a week for €35 per day.
They work 11-12 hours per day so they get approx. €3 per hour.

Is there anything illegal about this if the workers are happy to work for €3 per hour?

johnnyskeleton

Harold Weiss wrote: »

I know of some foreign nationals working 7 days a week for €35 per day.
They work 11-12 hours per day so they get approx. €3 per hour.

Is there anything illegal about this if the workers are happy to work for €3 per hour?

Yes if they are employees its a breach of the minimum wage act, so provided they have a right to work it is illegal to pay them less than minimum wage. And if they dont have a right to work it is illegal to employ them anyway.

Of course if they are self employed hey can work for whatever they can get

Harold Weiss

Well, the business pays rates but are operating without planning permission from the local council. Their first application was turned down so the business owner simply lodged another but even so, they've been operating now for 3 years at least.

It's basically a car wash where the employees get paid approx. €35 per day, working 7 days a week. I'd say 11 hour day, €3.50 per hour.

I said to some "it's not morally right to exploit them" and others argued "they're probably happy enough to work for that"

ted1

Harold Weiss wrote: »

Well, the business pays rates but are operating without planning permission from the local council. Their first application was turned down so the business owner simply lodged another but even so, they've been operating now for 3 years at least.

It's basically a car wash where the employees get paid approx. €35 per day, working 7 days a week. I'd say 11 hour day, €3.50 per hour.

I said to some "it's not morally right to exploit them" and others argued "they're probably happy enough to work for that"

Are they getting food and board ?

Bepolite

It's a myth that most people trafficed into the country work in the sex indusrty.

Possibly illegal in more way than one?

Harold Weiss

ted1 wrote: »

Are they getting food and board ?

I was told they get accommodation paid for but I've no idea.
No idea about food either.

Annasopra

http://blueblindfold.gov.ie/

Harold Weiss

Joeytheparrot wrote: »

http://blueblindfold.gov.ie/

Well, I'm not entirely sure they are trafficking victims.
They seem to be here on their own accord and will eventually return to home country.

Also, the Gardai have their cars washed at same business so everything must be above board and the employees are happy with €3.50 an hour.

scrummonkey

As already mentioned, if they have valid work permits the employer must comply with the minimum wage act, regardless whether the employees are satisfied or not. Legislation introduced to protect workers rights can not be circumvented by "local" agreements. Eu legislation/directives are very strong on this point. It would appear the employer is exploiting his employees which should be challenged.
However, if they are not legally entitled to work and are doing so, the employer can use this situation to his benefit. It could be argued that in that scenario, no valid contract of employment exits and thus, legislation governing the protection of employees does not apply, as they are not deemed "employees". This may seem unfair but the law is quite clear on this.

Mikros

scrummonkey wrote: »

However, if they are not legally entitled to work and are doing so, the employer can use this situation to his benefit. It could be argued that in that scenario, no valid contract of employment exits and thus, legislation governing the protection of employees does not apply, as they are not deemed "employees". This may seem unfair but the law is quite clear on this.

The law is also equally clear on the obligation on the employer to ensure the people working for him are legally entitled to do so.

Pro Hoc Vice

Mikros wrote: »

The law is also equally clear on the obligation on the employer to ensure the people working for him are legally entitled to do so.

The obligation is on both and in fact up untill the recent proposed amendment it was a strict liability offence for the employee only as an employer only had a statutory defence available.

The previous poster you replied to was talking about a civil case and the recent HC decision of Hogan J. which in simple terms said if the employee was working illegally then no right to a civil claim, that is also being amended by legislation in the employment permits bill 2014.

I think the bill is being signed this week.