Seafood Ethics Common Language Group TASK FORCE NON-EEA WORKERS IN THE IRISH FISHING FLEET

Transcription

1 Seafood Ethics Common Language Group TASK FORCE NON-EEA WORKERS IN THE IRISH FISHING FLEET

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6 DAFM Statement 3 rd November 2015 Government establishes taskforce on allegations regarding treatment of workers on Irish Fishing Trawlers Following a decision at Cabinet today (Tuesday 3rd November), Government has decided to immediately establish an inter-departmental taskforce to examine the wide range of issues identified in yesterday s Guardian newspaper report regarding the treatment of workers on board Irish fishing trawlers. To address the complex issues arising, the taskforce will include representatives from the Departments of Justice, Jobs Enterprise & Innovation, Transport, Tourism and Sport and Agriculture, Food and Marine, as well as the Attorney General s office, relevant agencies and An Garda Siochana. Minister for Agriculture, Food and the Marine Simon Coveney TD will chair the taskforce. The first meeting will be held this Thursday 5th November to formulate a co-ordinated and effective cross Government approach to the matter.

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8 Report published 1 January 2016 Sub-Group on Inter Departmental MoU Contract of Employment Certification skforcereport pdf

9 The steps we followed...

10 STEP 1 Assemble the right people

11 STEP 1 Assemble the right people

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13 STEP 2 Identify challenges

14 STEP 2 Identify challenges

15 STEP 3 Identify scale

16 STEP 3 Identify scale Knowing the scale of the problems allows you best judge the approach needed to solve the problem.. Takes account of local issues Displacement.. Needs of the sector..

17 STEP 3 Identify scale

18 STEP 3 Identify scale

19 STEP 4 Talk to the right groups

20 STEP 5 The Report RECOMMENDATIONS 4

21 1. The Task Force recommends therefore that the most practical and immediate solution is to put in place a sector specific atypical worker permission mechanism. Under the new arrangements being proposed.., all migrant (non-eea) workers recruited to work in the Irish fishing sector will be engaged through a standardised and transparent process with a valid contract of employment reflecting national and EU legislation in terms of the right to a safe working environment, regular breaks and rest periods, annual leave and payment of statutory minimum wage

22 Recommendation 2 a new system based on atypical worker permission specific to the fishing sector, vessel licence holder as employer, obligated to ensure that a valid contract of employment, certified by a Solicitor, is in place before applicant travels to Ireland. Contract must also have specific provisions (at the expense of the employer) for repatriation arrangements for the employee (will apply when contract completed).

23 Recommendation 2 All contracts must be in accordance with national and EU legislative provisions in respect of such issues as provision of minimum wage, must specify a minimum monthly payment to the employee regardless of whether a vessel is at sea or not, be accompanied by a written certification from a registered legal practitioner that it is a valid legal contract, drafted in accordance with relevant Irish and EU law. As fishing is universally acknowledged to be a dangerous and physically demanding occupation, employers will also be obliged to provide evidence of adequate healthcare coverage for all such employees. The requirement for such coverage will provide another layer of protection against the potential abuse of such workers.

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25 1. Applicable Law 2. Duration of Contract 3. Duties 4. Notice 5. Wages 6. Hours of Work and Break Times 7. Holidays 8. Health Insurance 9. Organisation of Working Time Act Grievance and Disciplinary Procedures 11. Health and Safety 12. Translation of Key Documents 13. Data Protection 14. Vessel 15. Atypical Working Scheme Permission 16. Repatriation

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28 Recommendation 3 The Task Force recommends that the State establish a depository of such atypical worker contracts to be put in place which will also monitor overall numbers (to be capped at 500), allocating a unique reference number to each contract. Recommendation 4 The Task Force is also recommending that the role of the relevant key enforcement bodies such as the Naval Service (NS), Marine Survey Office (MSO), Health and Safety Authority (HSA). Sea Fisheries Protection Authority (SFPA), Revenue Commissioners and the Workplace Relations Commission (WRC) will be underpinned by an inter agency Memorandum of Understanding (MOU) specifically for this purpose.

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30 Scheme goes live 1 st March Thank you