Bosses face jail threat over employment law breaches
Company bosses can be jailed for three years or fined up to €250,000 under tough new employment laws unveiled today.
Whistleblowers who report breaches of employment law will also be protected under the Employment Rights Compliance Bill announced by Enterprise Minister Micheál Martin.
Penalties for offences under employment law will increase to up to €5,000 and/or 12 months in prison while reaching €250,000 and/or three years in prison for indictable offences.
Mr Martin said: “It is a comprehensive package and a firm indication of this government’s commitment to the principles of social partnership.
“It is a reminder that, in the drive for greater competitiveness, there is a need to ensure that responsible employers who meet their obligations to employees will have a level playing field.
“Compliance with all aspects of employment law will be strictly enforced including in the employment permits area, national minimum wage, registered employment agreements and protection of young persons in employment”.
The Bill also underpins the National Employment Rights Authority (Nera) on a statutory basis and the appointment of a director.
It will strengthen powers in the labour inspection area including allowing the director to take evidence on oath, ensuring labour inspectors have greater access to premises, personnel and data and empowering Nera to prosecute summary offences.
Nera inspectors will be able to examine employment permits and prosecute offences. They can also conduct investigations jointly with other agencies including Revenue Commissioners, Social Welfare inspectors and gardaí.
“This Bill will modernise the labour inspectorate, strengthen enforcement of employment rights and work permits, promote greater compliance in the workplace and increase the penalties for those employers who seek to gain advantage by denying employees their entitlements under law”.
Employers must keep a comprehensive list of documents for the past three years of employment of every staff member.
