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Treated Terribly

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  • 22-09-2012 10:27pm
    #1
    hughesga
    Registered Users Posts: 73 ✭✭


    My Brazilian friend just told me how badly he was being treated in his job. He was being made work from 5:00 - 15:00 and then from 15:30 - 21:00 in the same day (over 15 hours) and being told that he was due in work again in the morning at 5am. He was getting so tired from it and he ignored one of his managers text messages. The manager wrote back saying that as a punishment he would not work for the following week. He signed a contract and when he asked to view the contract he was told to "stop being childish". What should he do? Supposidly they were making mistakes in his paychecks too.


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    #2
    okiss
    Registered Users Posts: 698 ✭✭✭okiss


    I hate to hear about some one who wants to work being exploited like this.
    Could I ask does your friend have visa which lets them work in Ireland as some of the Brazilians are working here with out the legal paperwork which some companies will exploit.
    I would get your friend to ask again for there work contract and ask when will they get the correct pay for the hours they worked?
    If the company do not give them the work contact and they can work here in Ireland on a legal basis I would get legal advice.
    A solicitor letter could help here. If you friend is not legal you need to get prof that your friend is working here ie payslip with company name, bank details showing payments from this company to your friends bank account, pay cheque with company name or boss name printed on it ect.
    If you have this I would ring the boss and tell them that you know //// has been working for them. I would also tell the boss that if they don't get there work contact, correct pay and proper work hours that you will be taking this further. I am sure the revenue would like to do an audit on this company as they are very keen to get money at the moment. You could also bring in health and safety and the department of social welfare.


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    #3
    phoenix999
    Banned (with Prison Access) Posts: 581 ✭✭✭phoenix999


    Even if he was legal, he probably just has a study visa and should not be working full time hours, not to mention 15 hours a day.


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    #4
    tony81
    Closed Accounts Posts: 595 ✭✭✭tony81


    phoenix999 wrote: »
    Even if he was legal, he probably just has a study visa and should not be working full time hours, not to mention 15 hours a day.
    +1

    That guy is most likely depriving 2 Irish people of work.

    Seems like a race to the bottom in this country. If employers cannot give a fair deal to Irish workers what hope is there for a Brazilian working double shifts?


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    #5
    tatli_lokma
    Registered Users Posts: 3,332 ✭✭✭tatli_lokma


    tony81 wrote: »

    That guy is most likely depriving 2 Irish people of work.

    That sounds very begrudging to be honest. All you ever hear people whinging about is 'bloody foreigners coming here for the dole' and yet here is a chap so glad to have work that he is working 15 hour shifts. To blame him on depriving anyone of a job is unfair, and to specifically mention Irish is unsavoury to me.

    The employER is mistreating a foreign worker rather than employ 2 people (their nationality is irrelevant). It is not the employee's fault that the employER is abusing the system.

    OP: The employer is taking advantage - regardless of there being a contract or not, there are rules as to how long a person can work and what breaks between shifts they are entitled to. There is no contract out there that will allow your mate to work those kinds of hours. So even if he signed a contract for these hours it would be illegal and he cannot be held to it.

    It is very relevant whether or not your mate has the correct work permit. If not things could get messy. There was a case recently where a retaurant boss mistreated his staff member and also did not renew his sponsorship for his work permit, the court sided with the employee but because he was illegal his award was reversed. It might be better for your mate to save up a bit of cash and then leave and look for alternative employment.

    If your mate does have the correct permit but is being mistreated, chances are the boss is not paying his tax and PRSI correctly. In which case even after working for crazy hours, if he gets let go he will have no social welfare entitlements. It is in his best interests to try and get away from this place as soon as he can. Once he is out of there I would then encourage him to report the employer.


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    #6
    hughesga
    Registered Users Posts: 73 ✭✭hughesga


    I'm pretty sure everything is in order so he is working here 100 per cent legally. I agree with the some of the comments that alot of foreign workers are working more hours than allowed on the Visa. I don't think I should disclose the actual job but I'm pretty sure that no Irish person would do this job. He is an extremely hard worker and he is working extremely hard here to try learn English and improve his job prospects in his own country when he returns. Unfortunately he was being exploited though.

    It turned out that he quit over the phone when he got the punishment text message from his manager. Could you please inform me how to report them?


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    #7
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    NERA - but don't expect much to be done.

    What type of job was it? Just the industry will do.


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    #8
    petersburg2002
    Closed Accounts Posts: 346 ✭✭petersburg2002


    Well work visas for people coming from outside of of the EU with little English are hard to get. Except for skilled IT workers. So I'm guessing he works in a meat processing factory like a lot if Brazilians. Anyway, the employer seems pretty ruthless.


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    #9
    tatli_lokma
    Registered Users Posts: 3,332 ✭✭✭tatli_lokma


    hughesga wrote: »
    I'm pretty sure everything is in order so he is working here 100 per cent legally.
    he might be 100% legal, but what is employer is doing is most certainly not. He is exceeding the maximum amount of hours within a fortnight (if he works the hours you say 5 days a week) and he is not giving employees the allowable number of rest hours between shifts. As Procrastastudy says you can report them to NERA, but probably not a lot will be done. Perhaps your mate could contact one of the charities who assist non-national workers and they might make an investigation. The downside is that despite the work being exploitative, reporting it could result in many people loosing their jobs. Crap and overworked jobs they may be, but still many of the workers won't be too happy for the boss to be reported.


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    #10
    charlemont
    Closed Accounts Posts: 4,725 ✭✭✭charlemont


    tony81 wrote: »
    +1

    That guy is most likely depriving 2 Irish people of work.

    Seems like a race to the bottom in this country. If employers cannot give a fair deal to Irish workers what hope is there for a Brazilian working double shifts?

    And what nationality would the employers be themselves ???:rolleyes:


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