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New penalties for rogue employers

High Court - NERA will be able to seek orders to enforce compliance
High Court - NERA will be able to seek orders to enforce compliance

Rogue employers will face penalties of up to €250,000 and three years in jail under new legislation to be published today by the Minister for Enterprise, Trade & Employment, Micheál Martin.

The Employment Compliance Bill is a key element in the programme of worker protection negotiated in Towards 2016.

The National Employment Rights Authority gets stronger powers to investigate and prosecute rogue employers.

Their 90 inspectors can enter any workplace, with a warrant if necessary, seize data, and demand electronic passwords.

They can impose on the spot fines and can seek High Court orders to enforce compliance.

Employment records must be kept for three years, and for two years after an employee leaves.

Reports of NERA's investigations will be privileged from defamation.

Up to 35,000 foreign students face a separate clampdown.

They are currently allowed to work up to 20 hours, but many exceed that threshold.

The Department of Enterprise, Trade & Employment and the Department of Justice are writing to the social partners shortly outlining plans for a crackdown on students breaking the rules.