Migrant Workers and their Experiences

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2 Migrant Workers and their Experiences by Dr Pauline Conroy, Aoife Brennan, B.Soc.Sc. The views and opinions expressed in this report are those of the authors and should not be attributed to the Equality Authority, IBEC, Congress, CIF and Know Racism.

3 Table of contents Page Executive Summary 8 1 Migrant Workers Experiences Background to the Study 10 2 Methodology 11 3 Migration to Ireland 13 4 The Experiences of Recruitment 18 5 The Experiences of Employment 23 6 The Experiences of Settling In 32 7 Conclusions 42 References 45 Appendices 1 Establishing Best Practice for Foreign Workers 47 2 Migrants Interviewed 48 3 Profile of Interviewees 50 Footnotes 52

4 Preface The Anti-Racist Workplace Week has been an annual initiative of Congress, IBEC, CIF, the Equality Authority and the Know Racism programme. Through our joint work we have sought to contribute to initiatives to ensure workplaces are: Free from discrimination and harassment Welcoming to Black and minority ethnic (including Traveller) employees and customers Accommodating to cultural diversity Taking steps to ensure equality Communicating a message for greater equality within the wider community The situation and experience of migrant workers was the theme of the most recent Anti- Racist Workplace Week in This theme emerges from a shared appreciation of the contribution made by migrant workers to our economy and a shared concern at the experiences of some migrant workers. This study was commissioned to support our joint work on this theme. It provides a new knowledge base from which to further investigate and develop better supports for migrant workers. As such its findings present a challenge to us all. We are grateful to Dr Pauline Conroy and Aoife Brennan of Ralaheen Ltd for their excellent work. This study is based on interviews with a small number of migrant workers. It provides a snapshot of their experiences, from their own perspective. It raises issues that need to be addressed with some urgency. These are issues that are also evident from the casework of the Equality Authority. Casework on the race ground under the Employment Equality Act stood at 8 per cent in the year Currently it stands at 27 per cent. At the heart of this growth in casework is the experience of some migrant workers. The issues include equal pay as well as illegal deductions from pay. Working conditions are also an issue, in particular excessive working hours, lack of holiday pay and denial of access to maternity rights. Finally dismissal is an issue. There is a vulnerability in the situation of some migrant workers that all too often serves as a barrier to addressing these issues. This can be due to: A lack of clarity about the status of their work permit and a lack of access to any control over their permit

5 Preface Fear of being branded a troublemaker thus making transfer to a new job difficult and fear of dismissal that could lead to being sent home Isolation, poor English and lack of access to support organisations The significant presence of migrant workers is relatively new in the Irish economy. The past few years have witnessed change in the workplace and in the wider society. It is important to extract learning from this new experience and to make sure that we develop effective approaches to building intercultural workplaces at this early stage. The FÁS Irish Labour Market Review 2002 highlights the fact that the Irish economy will have an ongoing need for migrant workers. Cultural diversity will be a permanent feature of the Irish workplace. Many organisations have shown a variety of good employment practices in relation to migrant workers. It is this good practice that must be a source of leadership and example for the future. The future does require change. Immigration policy that gives more power to migrant workers will be an important first step. Immigration practices that ensure migrant workers are fully informed of their rights and responsibilities will also be important. This must include information on both immigration and employment issues. Change is required at the level of the workplace. Policies and procedures to prevent discrimination and to eliminate it when it occurs and to promote equality need to be in place. Training is also necessary to ensure an awareness of cultural diversity issues and a competency to address these issues. Continued work by and support for the social partners, Congress, IBEC and their affiliates to promote intercultural workplace strategies and to provide practical supports to ensure good practice in the recruitment and employment of migrant workers will facilitate this change. The Equality Authority, Know Racism, CIF, Congress and IBEC look forward to supporting and shaping this necessary change. Turlough O Sullivan David Begg Liam Kelleher Director-General General Secretary Director General IBEC Congress CIF Joe McDonagh Chairperson Know Racism Niall Crowley Chief Executive Officer Equality Authority

6 page 7 Acknowledgements The authors are grateful to Vincent Edwards and Aoife Joyce of the Equality Authority for directing the study. Background and context for migrants working in Ireland was helpfully provided by Philip Watt of the National Consultative Committee on Racism and Interculturalism, Elizabeth Kingston of the Health Service Employers Agency, Vincent Turley of Recruit Eastern Europe Ltd, Kieron Leddy of the Irish Farmers Association and Frank Vaughan of Congress. Helpful and practical suggestions were provided by Tara Keogh and co-ordinators of ICTU Centres for the Unemployed in the Greater Dublin region, Breeda King of Tallaght Options Programme, Kevin Glackin of City Bridges at SIPTU, Clare Treacy of the Irish Nurses Organisation, Caroline Horan and Agnes Fenlon of Enniscorthy Peoples Resource Centre and Bobby Gilmore of the Migrant Information Centre, Dublin. The research authors are grateful to Michael, Katya and Rasa key sources of information and guides to migrant communities and especially to the migrant workers and employees who kindly offered their time and patience to contribute to the study. The study was completed with an interview team including Aoife Brennan in Dublin and the South East and by Eugene Byrne and John Nixon in the North East.

7 page 8 Executive Summary The contributions of 40,000 migrant workers to the Irish workforce can easily pass unnoticed. Preparing for Anti-Racist Workplace Week 2002, the priority theme of which was migrant workers, was an occasion for organisations of employers, trade unions, the construction industry, the Equality Authority and anti-racism awareness bodies to reflect on the supports needed by migrant workers. The short study which follows presents some of the different experiences of migrant workers during the recruitment process, in their workplaces and in settling down in Ireland. This is an illustrative study conducted in Autumn It does not claim to be a large scale representative survey of all migrant workers. It is based on migrant workers own perceptions of their experience and provides a snapshot of that experience at a particular moment for those interviewed. The study found that migrant workers at both ends of the occupational hierarchy were relatively satisfied with their circumstances. Computer professionals considered themselves treated equally to others at work. At the lower end of the hierarchy, the study found rural agricultural workers, located in isolated areas in single nationality teams. Their pay was below minimum standards of pay, their English poor to non-existent and their working day very long. They did not complain. The study found workers in employment with and without work permits, workers who had tried to switch employers, and migrant workers experiencing loneliness and who wanted their spouses and children to join them. Experiences in the health sector were mixed. Migrant nurses in private hospitals and nursing homes reported calling in supports such as trade unions, to address breaches of contract, minimum working conditions, non-payment of wages and harassment. In contrast to this, the study found investment in induction, diversity training and mentoring for migrant and Irish nurses in a teaching hospital. Migrant workers in the study reported using very few public services or Irish voluntary organisations. A surprising number of those favoured seeking help from their diplomatic missions in Dublin or London. A number had recontacted their recruitment agencies for advice. A number of those without recruitment agency support or of uncertain legal status approached Irish Congress of Trade Union Centres for the Unemployed. The study suggests that migrant workers do not experience a strong support infrastructure. None of those interviewed had received materials in their own language. Knowledge of their rights and obligations in the Irish workforce was weak, uneven or erroneous.

8 Executive Summary page 9 It is clear that continuing economic development in Ireland will require a significant presence of migrant workers. This survey identifies the types of change required in policies and practices that relate to migrant workers. These include: Policies and practices to empower the migrant worker including the need to review the current approaches to granting work permits. A programme of investment in migrant community associations to support their capacity to network migrant workers, to articulate their interests and to communicate employment and other rights information. The development of effective channels of communication with migrant workers at the point of recruitment and in the workplace, concerning their rights and situations. The further development of family reunification policies for migrant workers. Specific initiatives to support and address the situation of migrant workers in low skills employment in particular those in the agricultural, horticultural and forestry sectors. Workplace initiatives to apply the Equality Authority s code of Practice on Sexual Harassment and Harassment in the Workplace, to develop policies and procedures to combat discrimination and to promote equality and to develop a capacity to address equality issues in the workplace.

9 page 10 1 Migrant Workers Experiences Background to the Study The third Anti-Racist Workplace Week took place in This week is a joint initiative of Congress, Irish Business and Employers Confederation, the Construction Industry Federation, the Equality Authority and Know Racism. The week aims to support workers and employers in preventing racism and promoting intercultural workplaces. The Equality Authority has responsibilities to promote equality of opportunity and to eliminate discrimination in employment under the Employment Equality Act, 1998 and in matters covered by the Equal Status Act, The Act prohibits discrimination by employers against workers on nine grounds. One of the nine grounds of the Act is the ground of race which embraces race, skin colour, nationality, or ethnic or national origin. The Equality Authority commissioned this short study as one of its contributions to this year s Anti-Racist Workplace Week. The aim of the study is to give a voice to the experiences and situations of migrant workers in Ireland and highlight the issues they identify which need change. It provides a snapshot of the experiences of a small sample of migrant workers from their own perspective. The interviews were undertaken by a small team of four interviewers using a set of guiding questions. The questions covered: Migrant workers experiences of recruitment and arrival Migrant workers experiences at work Experiences of participation in wider society and settling into Ireland The main findings of the study are presented under these headings. Research on the experiences of migrant workers There is no established or accumulated body of knowledge or studies of migrant workers in Ireland. This is changing. Under the European Union Equal Initiative, a large-scale study of and with migrant workers is being promoted by IBEC, Congress, FÁS and Trinity College Dublin between 2002 and 2004 (Interact 2). The Economic and Social Research Institute (ESRI) published a migration-related study at the end of University post-graduate theses on the topic of migration are beginning to appear in University Social Science and Sociology Departments. Public sector bodies and agencies are promoting research. A study on ethnicity and disability was launched by the Equality Authority in A briefing on migration trends into Ireland was prepared by J. Sexton of the ESRI in Local and national analysis continues at the Centre for Migration Studies at University College, Cork and at University College, Dublin.

10 page 11 2 Methodology An information note published in English, Latvian, Lithuanian, Russian and Polish describing the Equality Authority and the research goals was distributed to employers, an employment agency, trade unions, voluntary organisations working with migrants and members of migrant communities. The study aimed to include men and women, urban and rural workers. It was to give primary attention to what a small group of migrant workers themselves had to say at a particular point in time. The study was not intended to fill wider theoretical or statistical knowledge gaps. Through the generous and helpful support of organisations which acted as voluntary intermediaries to the study, contact was made with 36 migrant workers and individual or group interviews arranged. Three intermediaries, from different communities Katya, Rasa and Michael were crucial in facilitating the interviews which were conducted by four interviewers: two male and two female. Interviews took the form of guided conversations on the three themes of recruitment, employment and participation. Some basic demographic information was collected for each interviewee. Interviewers had guidance notes for the interviews. The study focused on three sectors of employment where migrant workers are employed: Agriculture/horticulture/rural environments Hospitals and health services Hotels, bars and general employment (including information technology/computer sector) In focusing on these three employment sectors, the study expected to find many of the workers of the nationalities which are well represented among employee working visa/work permit holders.

11 page 12 Methodology The Interviews Migrant workers interviewed for the study came from the Philippines, Russia, the Ukraine, India, Czech Republic, Poland and Lithuania. They held work permits, work authorisations, working visas or were undocumented. They were both men and women. More than half were interviewed in the Greater Dublin area, the remainder in the North-East and Border region and the South East region. Before agreeing to be interviewed many sought one or more oral or written guarantees or assurances that interviews would be anonymous and that they would not be identifiable. These assurances were provided by the researchers or key intermediaries of the same nationality or trusted service providers.

12 page 13 3 Migration to Ireland Immigration became a feature of Irish society in the mid 1990s in response to the expansion of employment. Earlier inward migration was largely confined to returning Irish emigrants. Inward migration to Ireland was employer-led with the aim of filling job vacancies in the expanding economy from a global labour market. This demand led migration was a new experience for Ireland. There was a net inflow into Ireland of 150,000 persons between 1996 and The population grew by 12.9 per cent. In terms of population growth migration was more important than natural increases as a component of population growth. The significant presence of migrant workers brings a valuable and creative dimension to our economy and our society. The arrival of migrant workers, who pay taxes and social security contributions and purchase goods and services, contributes to sustaining the economic growth process. Migrant workers have been recruited into diverse employment sectors in Ireland. These sectors range from high skilled and professional services to manual jobs in horticulture and the food industry. Due to the existing work permit system and labour market forces certain sectors of the economy employ a greater proportion of migrant workers than others. Migrant workers are found at all levels of the occupational hierarchy from occupations in medicine and health, through to care workers and agricultural workers. Migrant workers come to Ireland with differing degrees of educational, technical or professional qualifications; some of which they are able to use in Ireland. Migrants from Latvia, Lithuania, Poland and the Philippines made up the largest migrant categories for work permits in Together they accounted for one third of all migrant workers issued with work permits in The study included the experiences of migrant workers from these countries. There are nationals of other countries working in Ireland. For example, students from China who are in Ireland to learn English through a formal programme of English classes at approved colleges and schools. Their education visa authorises overseas students to hold casual jobs. Such students may, as per the terms of their education visa work up to twenty hours a week while studying and may work full-time during college holidays. Migrant workers and visas Migrant workers from outside the European Economic Area (EU Member States and Iceland, Norway and Lichenstein) must have a work visa or their employers must hold a work permit to allow them enter employment. Highly skilled employees who meet skill shortages in Ireland can avail of a working visa and work authorisation scheme introduced

13 page 14 Migration to Ireland in June Skills shortages, for the purposes of working visas, exist in information technology; computers; the health services and construction/engineering. Table 1 shows there were 1,082 work authorisations issued in 2001 and Table 2 shows there were 2,667 working visas issued in Table 3 shows that there were 36,436 work permits issued in To this may be added an additional 1,082 work authorisation migrants and 2,667 holders of working visas (see Tables 1 and 2). There are an unknown number of education visa holders who exercise the option to engage in casual student work. Excluding students, a minimum of 40,100 migrant workers were working legally at the end of This is an approximate estimate. In the first half of 2002 over 19,000 work permits were issued, however, an increasing proportion are renewals of existing work permits. 2 It is not known how many irregular or not-yet regularised migrant workers are in the economy. This situation may arise because employers have no permit or because they are working while the employer waits several weeks or months for a permit to come through or whose last employer has not released their permit so that they may avail of a substitute job offer. Migrant workers make up less than 2 per cent of the Irish labour force. Such a small proportion hardly merits the description of influx unfortunately attributed to it recently by the International Organisation of Migration (2002). Indeed the entirety (working and nonworking) of the non-eu population in Ireland represents only 3.3 per cent of the population. 3 While much commentary is to be found in the media on the status of refugees, the distinctive experiences of migrant workers have been relatively underreported. Table 1 Work authorisations by main country of origin January to December 2001 Country of origin ICT 4 Nursing Other Skills Total % Australia South Africa USA Others Total Source: Extracted from data kindly supplied by the Department of Enterprise, Trade and Employment.

14 Migration to Ireland page 15 Table 2 Working Visas by main country of origin, January to December 2001 Country of origin ICT Nursing Other Skills Total % India Philippines Russia Others Total Source: Extracted from data kindly supplied by the Department of Enterprise, Trade and Employment. Table 3 Main sectors for which work permits were issued in Ireland, 2001 Sector of Economy Nos. Permits Issued % of Total Issued Service Industry 14, Catering 9, Agriculture/Fisheries 5, Industry 3, Medical/Nursing 2, Entertainment 1, Domestic Education Sport Exchange Agreements Total 36, Source: J.Sexton, ESRI, 2002

15 page 16 Migration to Ireland Table 4 Applications from overseas applicants for registration with An Bord Altranais, 2001 Applications to register with An Bord Altranais All applicants 1,746 1,677 1,689 Of which from Philippines 1,057 1,143 1,310 Filipinos as % of all applicants 61% 68% 77% Source: Calculated from data of An Bord Altranais, 2001 Note: While 1,797 working visas to Filipino nurses were issued/renewed in 2001, a lesser number succeeded in registering with An Bord Altranais after training/induction/evaluation. Most permits are issued for one-year periods. One in six of the 36,436 work permits described in Table 3 were renewals of permits issued a year earlier. The remaining 30,000 permits were new requests for permits by employers. A single job posting may be held by three different workers under three different work permits in three successive years. This implies a relatively high turnover of migrant workers from one year to the next and long-term issues of participation may therefore be hypothetical for many workers. Since work permit holders do not have an automatic entitlement to be joined by their partners or children, their relative labour mobility as single workers is increased. High skilled working visa and work authorisation holders in contrast may invite their partners and children to apply to join them on a spouse visa after they themselves have been in Ireland three months. The right to apply, as a dependent of a working visa holder, confers no entitlement to the issuing/granting of such a visa. Work permit holders are to be found in every sector of the economy in agriculture, industry and services. Industry accounts for a relatively small proportion of regular migrant workers. The role of information and regulation The Department of Enterprise, Trade and Employment provides information to employers on their obligations in relation to migrant workers. Specifically for ease of use among non- EEA nationals working in the State, an information leaflet containing an overview of employment rights legislation in a range of languages is available on the Department s website. However, none of the migrant workers interviewed for this study had seen any of these documents. The Employment Rights Information Unit of the Department answers queries in relation to all workers rights.

16 Migration to Ireland page 17 The Labour Inspectorate of the Department has responsibility for the enforcement of employment rights legislation. Breaches of provisions contained in the legislation may come to the attention of the Department either by way of complaint or by routine inspections carried out by the Department s Labour Inspectorate. The majority of Irish employment rights legislation, which establishes the statutory rights applicable to workers whether part-time or full-time, high or low skill, is applicable to all people working in Ireland. The legislation makes no distinction whatsoever between the rights of foreign workers and any other workers and as such, all workers in Ireland irrespective of nationality, without exception, are entitled to the same statutory employment rights and protections. There are exemptions in the Employment Equality Act 1998 which may impact negatively on migrant workers. The Employment Equality Act 1998, prohibits discrimination in the workplace and in recruitment against workers on the race ground which covers race, colour, nationality, ethnic or national origin. The Equality Authority seeks to eliminate discrimination and promotes equality of opportunity under the Act. Current casework under the Act includes 27 per cent on the race ground. Many of these relate to migrant workers. Guidelines on employment equality policies and on equality and diversity training have been designed, printed and circulated among employer and employee bodies. A code of practice on sexual harassment and harassment in the workplace has been published. Ireland has a relatively comprehensive range of laws and regulations governing all aspects of working life. These are being developed in parallel with minimum standards emanating from the European Union and the International Labour Organisation.

17 page 18 4 The Experiences of Recruitment Standards for recruitment of migrant workers The International Labour Organisation based in Geneva has adopted a number of conventions relating to the recruitment, introduction or placing of migrant workers in employment outside their country of residence. These voluntary standards are of relevance to the recruitment and placement of non-european Economic Area nationals in Ireland. Convention 97 on Migration for Employment, 1949 and Convention 143 the Migrant Workers Convention, 1995, provide some minimum standards for employment and equal treatment of migrant workers. The 1990 Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the 1949 Convention on Migration for Employment and the 1975 Migrant Workers (Supplementary Provisions) Convention, have not yet been ratified by Ireland. It is the view of the Irish Congress of Trade Unions and the International Confederation of Free Trade Unions, that these Conventions provide a rights based and balanced approach to standards of employment for migrant workers. Recruitment agencies are included under the Employment Equality Act, Employer organisations and Trade Unions have begun to develop and publish voluntary standards and codes for recruitment of migrant workers in Ireland. Information on good practice in recruitment in the health services, for example, has been published by the Health Service Employers Agency in An Irish Farmers Association brochure on recruitment in horticulture was produced in Interviews Questions were asked on recruitment topics (Can you tell me how you got your current job?) and sources of information available at the point of recruitment (Did you get information about minimum pay?) Finding the job in Ireland Many migrant workers are recruited outside Ireland. This is necessary, since many cannot obtain an entry visa to Ireland as workers without a work permit or a working visa. The recruitment process, therefore, frequently takes place outside the reach of Irish law. In many instances contracts of work, which precede the application by an employer for a work permit, are signed outside Ireland before a worker has ever seen Ireland.

18 The Experiences of Recruitment page 19 The experience of recruitment for migrant workers is frequently different from that of workers recruited in Ireland. The accuracy of information provided at the point of recruitment is crucial for migrant workers to determine expectations and attitudes to work in Ireland. The status of migrant workers can be complex in a fluid labour market. It is outlined with a range of statuses. These can include: Holding a visa for a course of study and as a student being allowed to work part-time for 20 hours a week and full time during holidays Holding a working visa in sectors with skill shortages Holding an entry visa where an employer has obtained a work permit No visa requirement as employer has obtained a work permit No visa requirement where work authorisation is held Gloria, a Filipino nurse describes her recruitment: I saw an ad in the paper in the Philippines. The recruitment agency placed the ad. The Philippines agency networked with the Irish recruitment agency. First the Filipino agency interviewed us, then the Irish recruitment agency interviewed us, then a panel of three nursing directors interviewed us. In my batch, 50 nurses were interviewed over a 12 hour period. I went at 6 am and was interviewed at 6pm. At stage one, Gloria got no information about Ireland. At stage two of the process the Irish recruitment agency gave information about the hospital facilities, the expectations of the hospital and nursing responsibilities. She saw pictures of the hospital. At stage three, she was told to bring warm clothes because it would be cold. Erika, from Lithuania, paid the equivalent of six months wages to a local recruitment agent to get a job in Ireland. Lech, a construction worker from Poland, paid no recruitment fee. He got his job:...through an agency back in Poland, they were looking for people in Ireland with my skills. Arunda is Indian, an experienced nurse and has worked abroad before. There was no recruitment fee and ample information provided before arrival in Ireland. Together with other Indian nurses, she is delighted with Ireland so far. The recruitment was very fair and to a very high standard. The hospital looked after us very well. Hospital made arrangements that we would be picked up at the airport and brought to the hospital. For one month we stayed in a residential area with a family to settle into the culture. The owners of the house are nurses as well so we had a lot in common. The Irish allow us to cook our spicy foods in their kitchen and make it like home.

19 page 20 The Experiences of Recruitment Some recruitment was very casual, as an agricultural worker described: Looked at newspaper in Lithuania.. ad in newspaper, need people in Ireland to pick strawberries. He arrived in Ireland and speaking through interpretation, went on to say,...[i have] no contract only four months here. 5 Will get contract in December... Table 5 Summary of fees reported paid outside Irish jurisdiction to recruitment agents by current (2002) resident migrant workers Country of Payment of Fee Amount Paid or equivalent Philippines 43,000 pesos (c. 850) Philippines Lithuania Lithuania Ukraine Poland 53,000 pesos (c. 1,000) One months Lithuanian salary Six months Lithuanian salary Twelve months Ukrainian salary No charging of fees reported Source: Interviews 2002 Mode of recruitment Of the 36 migrants interviewed one in five were recruited in Ireland. Of those recruited abroad, less than half were recruited via an agency. Those workers recruited by agencies were from a variety of countries and at all points of the occupational hierarchy. The remainder of interviewed workers responded to advertisements from Irish employers in newspapers in their own or other countries, followed up suggestions from migrant friends in Ireland, or in one case, was transferred to Ireland by his company in Russia. Of those who were recruited in Ireland, one migrant was placed in his job through FÁS, some had finished or left their first contract and had moved to second employers inside Ireland. A few had entered Ireland, decided to seek employment and were successful.

20 The Experiences of Recruitment page 21 Information at point of recruitment The information about working conditions and employment regulations in Ireland provided at the point of recruitment was sparse according to most migrant workers, as the following quotes illustrate: I got no information at all [I got] some but I was disappointed when I got here No I did not know where I would be working A little but not in detail A number of migrants engaged in manual work reported that yes they had received information about minimum pay: We were told about minimum pay We were told we wouldn t earn less than minimum pay Minimum pay but told overtime up to employer [Told about] Minimum pay and maternity leave Other migrants interviewed obtained information only about their own working conditions and reported simply that: [I] signed a contract contract and terms of employment No when I got employed...told about payment and hours The charging of fees to get a job Throughout the recruitment process Gloria was told she did not have to pay any money. However: When I signed the contract, they then said I had to pay this fee for flights and the administration of papers. We had to pay the Filipino recruitment agency who were then going to give the money to the Irish recruitment agency. I approached the Irish recruitment agency who said that they did not charge for this at all. The Filipino agency said they had sent the money ( 1000) to the Irish recruitment agency. Renaldo reported that he paid 43,000 pesos (c 850) to a recruitment agency in the Philippines in 2000 to get a job as a nurse in Ireland. Roni said he paid 53,000 pesos ( 1,000+). These sums are the equivalent of a year s salary and are borrowed prior to departure. They have to be paid back during the first year in Ireland. Renaldo and Roni did not complain about this. A recruitment fee or placement fee is normal in the Philippines. Other migrant Filipino workers indicated that charges between 80,000 to 120,000 pesos ( 1,600 2,400) are paid to agents. These workers arrive in Ireland in considerable debt.

21 page 22 The Experiences of Recruitment Conclusion Recruitment of the migrant workers interviewed varies from casual to highly structured three stage processes. It is suggested that approaches to information provision to migrant workers at the point of recruitment needs to be adapted to the style of recruitment. A number of those interviewed were unaware of Irish employment rights and obligations. Many of those interviewed reported receiving minimal or no information at the point of recruitment. There would be some breach of international standards in the charging of fees to migrants reported by a number of those interviewed in some Asian and European jurisdictions.

22 page 23 5 The Experiences of Employment Employment Equality Irish equality legislation prohibits discrimination by employers against workers on the grounds of race. The Employment Equality Act, 1998 includes within its scope equal pay, access to employment, vocational training, conditions of employment, work experience, promotion and dismissal. Relevant pieces of workplace legislation include the Organisation of Working Time Act, 1997; the Industrial Relations Acts, ; the Payment of Wages Act, 1991; the Protection of Young Persons (Employment) Act, 1996; the National Minimum Wage Act, 2000; the Unfair Dismissals Acts, 1977 to 2001; the Safety, Health and Welfare at Work Act, Interviews Migrant workers interviewed were asked about employment in their current job. Questions ranged over issues of training for their jobs, working hours and conditions and sources of help (If you had difficulties at work, to whom would you go for help?) The Professional Jobs A number of the migrant workers interviewed were involved in nursing and in the information technology/computer sector. During the interviews those involved in the nursing sector recounted a number of difficult experiences. Cecile, a nurse, was recruited to a Dublin region nursing home and completed her six weeks training prior to successful registration in a designated Dublin hospital. In the hospital she was advised to report any conditions that were not respected and to concentrate carefully on the induction and adaptation training. She got no pay from the nursing home during her induction period. Her contract stipulated that she would get paid for it once registered. This did not happen. The nursing home also refused to reimburse her flight to Ireland. After her registration, Cecile approached the Irish Nurses Organisation for advice. She ended up working in a hospital environment rather than in a nursing home to which she was recruited initially and left feeling very stressed by her experiences. Roni, like Cecile, expected to be paid full wages once he had completed his assessment and registered as a professional and accredited nurse. His orientation had gone well

23 page 24 The Experiences of Employment they really welcomed us and there was no discrimination. However, after registration, the hospital to which he was assigned told him that he would continue on student pay for six months and that they would reimburse him at the end of six months the amount of accumulated wages owing. He put up with this for a month, and then another nurse complained and the hospital began to pay them their proper wages. Alana, a hospital nurse, also experienced difficulties with payment of her wages. She was paid a student allowance for seven months despite appealing for help to obtain her nurses wages. The student rate for a nurse is 7 an hour. Seven months later I received the salary I was entitled to and got back paid. It was a vicious circle to get what I am due. She appealed to her Director of Nursing, the hospital administration, the Irish recruitment agency, the Irish Nurses Organisation, the Honorary Philippines Consul and an experienced fellow country man who acted as advocate and adviser in order to get her wages. Professional workers in the information technology/computer sector found themselves in a multicultural industry. Russian computer professionals reported very active involvement of their HR Departments or managers in their work integration. Manual Jobs A number of those interviewed worked in manual jobs in a range of sectors including cleaning, agricultural and food processing. They recounted a number of difficult experiences including dismissal, excessive working hours and lack of protective clothing. Jana is on Maternity Leave from her job as a cleaner for a private company. She completed five years at University and is a University graduate but works as a cleaner in Ireland, supplementing her income with ironing in private houses. She does not consider her English good enough to get a better job. Her employer has offered her free English classes, but they are during the daytime and she cannot go as she is working all day. She received training in Health and Safety and was told how to lift objects. She was issued with no protective clothing and wears her own clothes to work where she is provided with a pair of gloves. Jana s husband, a tradesman, is also in Ireland, but has no work permit. Her young daughter is still in the Ukraine where she is looked after by family. Josef and Stefan, from Lithuania and Ukraine, are on their third contracts in Ireland in rural areas working in the mushroom and poultry sectors respectively. Both believed that there was one rule for Irish workers and another for foreign workers especially in relation to working hours. They had been told when recruited in their own countries that the working week was 39 hours plus overtime. In fact, they work 45 hours in mushrooms and 60 hours in poultry. They had no choice in relation to overtime, whereas they believed Irish workers had a choice. Josef was afraid to talk about wages. He knew about the minimum wage from the recruitment agency. He had been told by his employer in Ireland not to talk about wages

24 The Experiences of Employment page 25 and that if he told anybody about his wages he would be dismissed. He acquired an injury while working. When he returned to work he asked for some light work, but was refused and sacked and told that the only workers needed were manual workers. Stefan was sacked for non-attendance while he was ill, despite having a doctor s note. Yuri from Russia works 39 hours per week in a rural area but is forced to work an additional 27 hours overtime, over five nights a week. He does not want these overtime hours. He loses most of the money earned from these extra hours in tax and wants another job. He has approached a trade union but has not found a solution to this situation. His employer holds his passport and has a bad attitude to foreign workers. Erika was a nurse in her country of origin but works in the food-processing sector in Ireland. She describes long hours of compulsory overtime in addition to the basic 39 hours. One day I worked 18 hours flat she said. She is not allowed to take a smoking break with the other workers and must ask permission to go to the toilet. Pay of Manual Workers One in three of migrants interviewed disclosed their pay. In some instances, these migrant workers appeared uncertain of their pay rate or could only give an estimate. The following are some of the rates disclosed: Table 6 Examples of pay rates Rate per hour 2002 Comment Minimum Pay = 5.97 Piece rates Three fruit pickers Three forestry workers 5.00 Window cleaner 5.51 Nurse (2001) 6 Cleaner 7.50 Graduate 10 Cleaner 14 Nurse Source: Interviews 2002

25 page 26 The Experiences of Employment Manual workers interviewed made few or no complaints about their wages. Those working below the minimum pay rate worked alone or exclusively with other migrants. Sub-sectors of cleaning and agricultural work are not unionised, so information could not reach workers through Trade Unions. The knowledge of the English language of those working below minimum pay rates was generally very poor. Training, orientation and health and safety for jobs Nursing staff provided detailed accounts of their experience of induction and orientation prior to assessment for registration in Ireland. The issue of nurses failing their assessment was raised several times in interviews: Some nurses fail their assessment and are returned to Philippines. This is unfair.. [One nurse] the assessment was extended for 8-10 weeks. Eventually the nurse was registered but...ended up [working] in a nursing home. Filipino nurses felt the problem should have been addressed earlier: At the recruitment stage you should be failed for your communication skills. [One nurse] very quiet not given extension. Ended up [working] in nursing home. When visa due to expire sent her back home. Reason didn t get registered her communication very poor. She felt that culture differences create insecurities. Other views expressed were that English is our second language or we need time to culturally adapt. Two cleaners described their experiences of training: During my work here I got training. For one day I got a talk on health and safety, how to lift things. When I start in company they gave me a cleaning assistant and she trained me.

26 The Experiences of Employment page 27 Relationships within the workplace Some of the migrant workers interviewed recounted difficult experiences with their managers or fellow workers. Some nursing managers don t talk to you during assessment. Managers don t give equal opportunities to everyone. A ward sister said: I don t like you Filipinos in my ward. Some migrant workers interviewed felt there was a resentment of their presence in employment often by co-workers: The Irish people are friendly but they think we are getting treated better than them which is totally untrue. (Polish worker) Irish people very friendly but accuse us of taking their jobs. (rural worker) Employer has bad attitude to foreign workers. (rural worker) People are so racist about things. The attitude of Irish nurses is: how come she is in x unit I should be there. There is a lot of resentment. (Filipino nurse) Differences in treatment between Irish and non-irish workers in practice were cited as unjustified differentiation. In one example, a Filipino hospital worker described being often asked to shower patients who had soiled themselves and being told that it was his work. Some migrant workers interviewed made no remarks concerning racism or differences in treatment in the workplace. This was the case for some Polish workers who were doing the same work in Ireland as they had done at home. Russians working in information technology in Russia and now in Ireland, voiced satisfaction with their working conditions. Agricultural and forestry workers who worked in teams made up exclusively of their own fellow countrymen and women did not meet many Irish workers and may have had few reference points for comparisons. Happy to work, everybody happy to work when we get money. Very good boss, very good. (forestry worker) No problem, no calling of names, we are happy to work we need to work. (farm worker) Workplace and Other Supports Services used Trade Unions, Diplomatic contacts, NGOs, Migrant Associations and Public services were the principle sources of assistance to the migrant workers interviewed.

27 page 28 The Experiences of Employment Table 7 Services used or cited by migrants interviewed Organisation Type Services Services cited and used Trade Unions SIPTU 2 Centres for the Unemployed 11 Irish Nurses Organisation 9 Diplomatic Contacts Non Governmental Organisations Filipino Consul 8 Ukraine Honorary Consul Dublin 1 Migrant Information Centre 8 St Peters Church in Phibsboro 1 Migrant Associations The Irish Filipino Association 1 Russian Orthodox Church 1 The Irish Malaysian Association 4 Irish Representative of Filipino Delegation 7 Public Services Hospital Social Worker 2 FÁS 2 Citizen Information Centres (CIC Tallaght) 2 Slavjanska Lavka (Russian Food Shop, O Connell St) 1 Russian Club (beside Christ Church Cathedral) 1 Source: Interviews 2002 n=36

28 The Experiences of Employment page 29 A migrant worker from Russia was interviewed. He trained with FÁS as a software developer. The course is part of a refugee project although this person was not a refugee. He undertook the ECDL IT course after his initial training with FÁS. He explained that his experiences on courses with FÁS were very positive. He felt welcome and learned a great deal. He commented that he was very lucky to come across this service. CIC Tallaght was mentioned by two interviewees who were unemployed at the time of interview. This service was very strongly praised by a Czech family who used it on several occasions. The information they looked for was critical to their survival, given both husband and wife were unemployed for a long time. Information indicated their rights and entitlements to Social Welfare payments and other benefits. Few migrant workers cited voluntary organisations as service providers for their needs. If you had a difficulty at work, to whom would you go for help? Responses from the migrants varied depending on their work environment, sector and working relations within the working environment and the employment status of migrants interviewed in this study. The extent of the difficulties varied greatly as did the communication skills and assertiveness of the complainant. Nursing Sector Now I would go to the Nursing Administrator, she would then call the hospital. If she couldn t help I would go to the INO. The Irish Nurses Organisation plays a crucial role in the lives of the migrant nurses interviewed. The Trade Union is a useful aid to integration in the work environment of many migrant nurses. This body is viewed as a tool of protection, which promotes integrity and equality in the treatment of nurses in Ireland. The response of the INO to two difficult cases is highlighted in the comments below. INO was very good to me in fact they were trying to bring situation to court. I said I think if you see the Nursing Director there would be a row. INO said, no it would be the opposite. INO said, These things should be addressed. INO [was] not happy with the way I am being treated. The INO gave me information. My contract with the hospital did not include the INO provision. INO stated that their solicitor would settle it for me if the hospital didn t. In some hospitals, the ward manager is the first person approached. There is usually a strong sense of respect and trust between the nurse and the ward manager. In situations where a strong trusting relationship between the nurse and the ward manager does not exist, nurses interviewed went directly to the INO.

29 page 30 The Experiences of Employment If there was a misunderstanding I would go to a ward manager because I have good rapport with him. If still a problem, I would report it to the INO representative. If the worst came to the worst the Filipino Consul. Professional Sector In private firms if an issue emerged the HR department would deal with it. I d go to the HR department. HR Department facility would not say it is good. When it is not good for me, it is not good for everyone else as well. Most of the Information Technology/Computer employees interviewed are happy with working conditions and their terms of employment. Non-professional Sector Go to Manager (Filipino cleaner) Go to Supervisor (Ukrainian cleaner) Friends from own country (process worker who has had difficult experiences) Some friends. Employer has a bad attitude to foreign workers. (process worker in rural area) Did not have cause to but probably be fellow worker. (sandwich maker) Manufacturing Sector Friends from own country (Polish Woodworker) Employer (Polish Carpenter) Agriculture Everything good, we trust each other (Latvian Forestry planters) No problems at work (Latvian and Lithuanian strawberry pickers)

30 The Experiences of Employment page 31 Conclusions The study suggests that there are breaches of employment legislation going on, including: The non-payment or delayed payment of wages. Excessive working hours in particular for manual workers. Instances of pay below the minimum wage. Some resentment was identified in workplace relationships by migrant workers. Migrant workers with work permits reported difficulties in leaving undesirable employment relationships raising issues of employers holding their passport and/or their work permit. Few migrant workers availed of public services. Migrant workers who do not belong to Trade Unions and who do not speak English can have little understanding of health and safety procedures and practices. When difficulties arose professional workers interviewed were more likely to present the difficulty to a Trade Union or employer. Manual workers interviewed relied on a wider set of contacts such as recruitment agencies, employers, friends and supports outside the workplace. A small number of migrant workers interviewed considered their own embassies/ consuls as appropriate contacts for workplace difficulties.