Transcript Document

CITY CENTRE (DUBLIN)
CITIZENS INFORMATION
SERVICE
EXPERIENCES with POLISH
CLIENTS in DUBLIN
CITIZENS INFORMATION SERVICES IN IRELAND
We provide an information, advice & advocacy service on civil &
social rights & entitlements
Network of 46 CISs delivering information at 241 locations
nationwide
Funded & supported by Comhairle
CISs Limited Companies with Boards of Management
Independent of Government Departments
Service available to all
Free & Confidential
Information, advice & advocacy service
Wide range of issues covered
CIVIL & SOCIAL RIGHTS & ENTITLEMENTS
Social Welfare
Employment Rights
Migrant Rights
Housing Issues
Health Services
Family Law
Education
Consumer Issues
Citizens Information Website : www.citizensinformation.ie
SPECIALIST SERVICE CLINICS IN CISs
Free Legal Advice
Money Advice & Budgeting Service
Refugee Information Service
Threshold ( Housing Advice Service)
Ombudsman
COMMUNITY EDUCATION
SOCIAL POLICY
SPECIAL PROJECTS
Citizens Information Services in Ireland
PROJECTS & SUPPORTS FOR POLISH MIGRANT
WORKERS
Information seminars on rights & entitlements
Polish volunteer interpreters
Newcomers Guides to services
Information clinics for Polish community
CITY CENTRE (DUBLIN) CIS
Two locations : O’Connell Street ( Main street in the City Centre) &
Green Street ( North West Inner City )
Query Levels 1999-2005
60,000
50,000
40,000
30,000
20,000
10,000
0
1999
2000
2001
2002
2003
2004
2005
Customer survey June ’05 indicated approx 60% of clients were
foreign nationals
Large numbers of accession state nationals using service since May
2004
POLAND FACES LABOUR SHORTAGE AS
WORKERS GO WEST – INTERNATIONAL
HERALD TRIBUNE (16TH NOVEMBER 2006)
‘This is the ‘second’ Poland a
diaspora of 800,000 Poles estimated
by officials here to have left the
country since it joined the European
Union in May 2004.
This is believed to be one of the
biggest single migrations of
Europeans since the 1950’s, when a
wave of Irish crossed the Atlantic to
escape poverty’
POLISH CLIENTS WHO USE OUR SERVICE
NEWLY ARRIVED MIGRANTS SEEKING INFORMATION & ADVICE ON
GETTING STARTED:
How to apply for a PPS Number (Personal Public Service Number)
Where to look for employment
How to find accommodation
How to apply for a certificate of tax credits
How to open a bank account
How to get qualifications recognised
Where to find low cost English language tuition
MIGRANTS SEEKING GENERAL INFORMATION & ADVICE ON IRISH
SYSTEMS
Tax system
Health services
Recognition of qualifications
Employment Rights
Social Welfare & support
Many Polish migrants find work easily because:
 Polish workers are in demand
 Good reputation as hard workers
PROBLEMS EXPERIENCED BY SOME NEWLY ARRIVED POLISH
CLIENTS
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b.
c.
d.
e.
High cost of living:
Accommodation
Health Services
Public Transport
Food
Utility Bills
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Difficulties finding employment due to poor English language skills &
there is very little low cost tuition available
Waiting list for compulsory Safe Pass course for Construction Industry
workers
Insufficient funds to pay for accommodation costs while seeking
employment
Inability to get PPS Numbers because of no fixed address
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EMPLOYMENT
Numbers employed by sector & nationality:
Largest numbers are employed in Construction , followed by Retail &
Hospitality Sectors
COMMON EMPLOYMENT RELATED PROBLEMS
Payment below the minimum wage particularly in
Construction Industry
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National minimum wage is €7.65 per hour
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Registered employment agreement for the construction industry –
minimun rate €13.48 per hour (more for qualified workers)
COMMON EMPLOYMENT RELATED PROBLEMS
CASE STUDY – REMI
 Remi employed as a construction worker & paid approx. €8 per
hour with no travel expenses.
 CCCIS wrote to employer & made complaint to Rights
Commissioner Service under Payment of Wages Act.
 Employer did not appear at hearing. Rights Commissioner
recommended an award of €12,000
 Employer now appealing the decision.
PROBLEMS WITH RECRUITMENT AGENCIES
‘Ireland is the promised land for many Poles who come here
looking for a job that pays an honest wage , but honesty can be
hard to find’ – (Political Reporter Michael O’Farrell , Irish Examiner 14th June
2006)
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Reporter posed as Secure Build – a medium sized house building
(fictitious) Company
He contacted Recruitment Agencies seeking bricklayers & carpenters.
He spoke to the approved agencies listed on Polish Embassy website in
Dublin. 7agencies willing to offer construction workers for less than
legal rate (a quarter of agencies listed)
Agencies in Warsaw, Krakow, Gdansk, Gdynia & Rzeszow offered
employees between €7 - € 12 per hour.
Reporter alleges that Grafton Recruitment suggests company can pay
€7 per hour for bricklayers
Secure Build (Fictional Company)
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Does not pay over time
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Wants workers to work 70 hours a week
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Will deduct €60 /hour for accomodation
This is never questioned !!
NON – PAYMENT OF WAGES E.G. ANNUAL LEAVE
ENTITLEMENT / MINIMUN NOTICE
CASE STUDY: 6 POLISH WORKERS
 Worked for Construction Company
in Dublin 3 –5 months
 Site closed - workers made redundant
 No payment of minimum notice
 Some paid in cash – no payslips , no
PRSI paid
 Information Officer has written to employer
OTHER COMMON EMPLOYMENT PROBLEMS
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Unlawful deductions from wages
No terms & conditions of employment / contracts / payslips
Excessive working hours
Unfair dismissal
WHAT WE DO
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Promote Self Advocacy
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Mediate & Negotiate with Employers
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Assist clients with making claims to statutory dispute resolution
agencies e.g., Rights Commissioner Service & Employment Appeals
Tribunal
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Assist clients in preparing for hearings & providing representation
when possible
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Assist clients in making complaints to Labour Inspectorate.
MIGRANT WORKERS & ACCESS TO THE
STATUTORY DISPUTE RESOLUTION AGENCIES
( Labour Relations Commission – October 2005)
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Small proportion of migrant workers take cases – only 2%
involved migrant workers in 2002
Increased to 8% - Jan –June 2004.
Vast majority of migrant workers availing of Rights
Commissioner Service from Eastern Europe
Hotel & catering industry accounted for 31% of claims to RC
Service & EAT in 2002
Farming contract cleaning, construction & security featured
strongly
Majority of claims taken by workers based in Dublin
In the majority of cases outcome was in favour of claimant –
85% in 2003
ISSUES FOR MIGRANT WORKERS
re: Rights Commissioner & Employment Appeals
Tribunal Services
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Time limits for lodging claims & timescales for hearings
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Language barriers – no access to interpreting service
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Issue of attendance
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Lack of representation & support
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Fear
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Enforcement
ACCESS TO SOCIAL WELFARE PAYMENTS
SOCIAL ASSISTANCE
Habitual Residence Condition
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HR Condition introduced 1st May 2004 for means tested payments
Applicant needs to have lived in Common Travel Area for at least 2
years, work here & have a settled intention to remain permanently
5 Factors taken into account:
- Main centre of interest
- Length & continuity of presence
- Length & reason for any absence
- Nature & pattern of employment
- Future intention to live in Ireland
EU REGULATIONS & HABITUAL RESIDENCE
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EU/EEA Citizens employed/self employed in Ireland do not
have to satisfy Habitual Residency Condition for Family
Benefits:
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One parent Family Payment
 Orphans (Non-Contributory Pension)
 Family Income Supplement
 Child Benefit
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Application of Changes in HRC for Supplementary Welfare
Allowance
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EU Citizens engaged in genuine & effective work for previous
three months can apply for SWA without application of HRC
‘Away from Home & Homelessness’
Research by TSA Consultancy for HOMELESS AGENCY in
Dublin – January 2006
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Use of Homeless Services by the EU 10 Nationals
Interviewed 41 Polish nationals using homeless services
Main problem - income & employment
96% gave inability to find employment or lack of money as
reason for homelessness
1/3 sleeping rough
Poor Levels of preparation before coming to Ireland
 Majority had poor English language skills
 Reasons often worker exploitation or false promises of
employment agencies in Ireland & Poland
 38% paid below minimun wage
‘300 Polish migrants sleeping rough’
( Tom Prenderville Sunday Independent 17thNovember 2006)
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Currently over 300 Polish immigrants sleeping rough in Dublin
every night
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Mostly men in 20s - 40s who arrive in Ireland with approx. €200
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Poor English
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Stigma attched to returning home
LACK OF AWARENESS OF RIGHTS &
ENTITLEMENTS
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Transfer of contributions from other member states for social
insurance payments e.g.. Disability Benefit, Maternity Benefit,
Unemployment Benefit
 Eligibility for Family Income Supplement, One Parent family
Payment, Supplementary Welfare Allowance
RECOMMENDATIONS
 Review
of Habitual Residence
Condition
 More
accurate information should be
provided in EU 10 States on risks &
preparation needed
ADVICE TO POTENTIAL MIGRANTS
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Importance of preparation in Poland
Have curriculum vitae , references & qualifications translated in
advance ( www,europass.ie)
Contact National Qualifications Authority of Ireland (www.nqai.ie)
European Employment Services - European Job Mobility portal
( http://eures.europa.eu)
Bring European Health Insurance Card ( EHIC)
Get ‘Form 301’from local Social Welfare Office
Bring sufficient funds
Information regarding Irish system particulary employment rights
ADVICE TO POTENTIAL MIGRANTS