Sunday, June 14, 2009

the wrong way to restrict the Work Permits system

More background information
(courtesy of Migrant Rights Centre Ireland - MRCI)

The changes introduced by the Tánaiste are the wrong way to restrict the Work Permits system. They will have significant social and economic consequences for both workers and employers, the extent of which has not been fully considered. MRCI’s overarching concern is that the changes will lead to enormous confusion among workers and employers and add additional barriers that will create hardship, uncertainty, an increase in those working irregularly and greater exploitation of highly vulnerable workers already in Ireland. For example:• Existing Work Permit-holders who are made redundantThe new proposed rules make it a requirement for a current Work Permit holder who is made redundant from his/her job to have a prospective employer undertake an eight-week Labour Market Needs Test (i.e. list a job vacancy with FÁS for eight weeks and six days in the national press). This test will be an enormous barrier to these individuals re-entering employment as few employers will be willing to wait eight weeks. Many will have been living and working in Ireland for many years with their families and have Long Term Residency applications pending with the Immigration Division of the Department of Justice which currently take two years to process. Such individuals who find themselves made redundant will be forced to leave Ireland or stay and work informally. This will cause a major humanitarian crisis leading to exploitation, exclusion and poverty among these families.• Renewals for future work permit holdersWhen an employer hires someone through the Work Permits system in the future, they will have to re-advertise that employee’s job when their permit comes up for renewal, and go through the Labour Market Needs Test once more. This could lead to an employee with a permit being dismissed from their job and replaced because his/her working permit expired. Among other things, this raises serious questions about basic employment rights and will create huge logistical problems for employers who effectively will have to recruit for a position that is already occupied. There is a Better Way While the MRCI is not opposed to restrictions to the Work Permits system, we believe that there are alternatives to be considered without causing unnecessary hardship, confusion and uncertainty. The MRCI believes that a more humane way to do this is to impose restrictions at the point of issuing work permits to those who are not yet resident in Ireland.

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Robert A. Samson
Development Officer
CATHOLIC YOUTH CARE
Arran Quay, Dublin 7
Tel.: +353-1-8725055
Fax: +353-1-8725010
Mob: +353-857237447

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