1-20 of 29 results for subject:"Conditions of employment"
Librarians' tools
- Search time
- 0.215 seconds
- Solr query time
- 0.005 seconds
- Search query
- subject:"Conditions of employment"
- We searched for
- subject_t:"Conditions of employment" OR subject_t:"Conditions of service" OR subject_t:"Employment conditions" OR subject_t:"Employment law" OR subject_ses:90667
Type
House
Session
Year
Department
Member
Primary member
Answering member
More
Legislative stage
Legislation
Subject
More
Publisher
To ask Her Majesty’s Government, in the light of the recent report by the Migration Advisory Committee about the effectiveness of employment rules, what plans they have to review and, if necessary, amend those laws.
To ask Her Majesty’s Government, in the light of the recent report by the Migration Advisory Committee about the effectiveness of employment rules, what plans they have to review and, if necessary, amend those laws.
This report shows why we need an immigration system that is fair to British citizens and legitimate migrants and tough on those who abuse the system and flout the law. We are working across government to ensure the immigration system works in the national interest and will use the findings of this report, including those in respect of labour market regulation, to inform our approach. The Government has already taken action to increase the maximum penalty for National Minimum Wage underpayment from £5,000 to £20,000 per employer, and will now introduce primary legislation so that the penalty can be applied on a per worker basis, substantially increasing the penalty employers have to pay. The Government will also consult on banning ‘overseas only’ recruitment practices by employment agencies to ensure that UK natives have the opportunity to apply for all jobs based here.
To ask Her Majesty’s Government what is their assessment of the impact on the well-being of foreign domestic workers of the introduction in April 2012 of the one-employer visa regime.
To ask Her Majesty’s Government what is their assessment of the impact on the well-being of foreign domestic workers of the introduction in April 2012 of the one-employer visa regime.
My Lords, the reforms to the route for overseas domestic workers restored the original purpose of the route as a way to accompany an overseas employer visiting the UK, and included measures to minimise the risk of ill treatment. All overseas domestic workers receive written information about their employment rights. The Government have seen no persuasive evidence of any deterioration in the treatment of overseas domestic workers since the April 2012 reforms.
My Lords, the reforms to the route for overseas domestic workers restored the original purpose of the route as a way to accompany an overseas employer visiting the UK, and included measures to minimise the risk of ill treatment. All overseas domestic workers receive written information about their employment rights. The Government have seen no persuasive evidence of any deterioration in the treatment of overseas domestic workers since the April 2012 reforms.
My Lords, the reforms to the route for overseas domestic workers restored the original purpose of the route as a way to accompany an overseas employer visiting the UK, and included measures to minimise the risk of ill treatment. All overseas domestic workers receive written information about their employment rights. The Government have seen no persuasive evidence of any deterioration in the treatment of overseas domestic workers since the April 2012 reforms.
To ask Her Majesty’s Government what is their assessment of the impact on the well-being of foreign domestic workers of the introduction in April 2012 of the one-employer visa regime.
I understand the noble Lord’s concern and thank him for asking this Question. The Government are aware of the report from Kalayaan, and my honourable friend Mark Harper, Minister for Immigration, has agreed to meet Kalayaan the Tuesday after next. I have been invited to join that meeting. I understand that the report was based on the 29 individuals
on the new visa who sought Kalayaan’s advice in 2012. I have to say that this contrasts with the 156 who went to Kalayaan under the old regime last year and the 300 it would normally get in the preceding years. In turn, that compares with the 15,000 to 16,000 domestic visas issued annually—a figure that has not in fact varied since this new procedure was put in place.
I understand the noble Lord’s concern and thank him for asking this Question. The Government are aware of the report from Kalayaan, and my honourable friend Mark Harper, Minister for Immigration, has agreed to meet Kalayaan the Tuesday after next. I have been invited to join that meeting. I understand that the report was based on the 29 individuals
on the new visa who sought Kalayaan’s advice in 2012. I have to say that this contrasts with the 156 who went to Kalayaan under the old regime last year and the 300 it would normally get in the preceding years. In turn, that compares with the 15,000 to 16,000 domestic visas issued annually—a figure that has not in fact varied since this new procedure was put in place.
My Lords, the Minister is responsible for safeguarding vulnerable people. Will he therefore personally investigate why, in 24 out of 29 cases, such workers were paid no wage at all, while not being allowed out unescorted, having their passports taken away from them and not even having a room to themselves? Will the Government accept that their safeguards often prove ineffective, since domestics are too frightened to go to the police or employment tribunals? Is it not time to prevent such domestic slavery happening?
I understand the noble Baroness’s concerns, and indeed this is one of the issues that the Minister for Immigration is considering. However, perhaps I may put into perspective what the April 2012 reforms require. The control of the scheme is itself one of the protections in place. Previously there was a five-year period, and a six-month period obviously enables us to discipline that particular application so much better. We require evidence of an existing employer-employee relationship and 12 months of overseas employment before the visa application can be made. We also require that written terms of condition of employment accompany that visa application and are produced with it. Employees are still entitled to the protections in UK employment law, and they are provided with a letter in a number of languages setting out their rights under the law.
I understand the noble Baroness’s concerns, and indeed this is one of the issues that the Minister for Immigration is considering. However, perhaps I may put into perspective what the April 2012 reforms require. The control of the scheme is itself one of the protections in place. Previously there was a five-year period, and a six-month period obviously enables us to discipline that particular application so much better. We require evidence of an existing employer-employee relationship and 12 months of overseas employment before the visa application can be made. We also require that written terms of condition of employment accompany that visa application and are produced with it. Employees are still entitled to the protections in UK employment law, and they are provided with a letter in a number of languages setting out their rights under the law.
Is the Minister aware that the new visa system, which ties migrant domestic workers to one employer, removes all their protections and deprives them of any resort in terms of challenging, appalling conditions of employment and abuse, which, as the noble Lord, Lord Hylton, said, is in effect a form of modern-day slavery? How will Her Majesty’s Government ensure that such trafficked domestic workers will receive legal representation if they need it, given that, as their visas are limited to six months under proposed legal reforms, they would not pass the residency test of at least one year’s residence in the UK?
Indeed, anybody who violates the trafficking laws in this country is subject to the full force of the criminal law. Given that individuals have already worked for their employer for 12 months overseas, it is reasonable to assume that there is a normal employer-employee relationship between those individuals.
Indeed, anybody who violates the trafficking laws in this country is subject to the full force of the criminal law. Given that individuals have already worked for their employer for 12 months overseas, it is reasonable to assume that there is a normal employer-employee relationship between those individuals.
My Lords, nobody wants to see the visa system abused. However, I am confident that the Government do not think it is right that anybody working in this country should be made more vulnerable to slavery or physical, sexual or mental abuse, with effectively no power to take action to protect themselves, as we heard from the noble Lord, Lord Hylton. Will the noble Lord consider, in the meeting that he will shortly have with Mark Harper MP, what action the Government will take to ensure that those who are responsible for such crimes will be brought to justice, and not allowed to get away with it by deporting the evidence?
We are bound by the Vienna convention in terms of the employment of staff at embassies, so the extension of British employment law in that regard is not possible. I think that this Question focuses, legitimately, on those who come here under the new six-month visitor domestic service agreements, which is a different arrangement.
We are bound by the Vienna convention in terms of the employment of staff at embassies, so the extension of British employment law in that regard is not possible. I think that this Question focuses, legitimately, on those who come here under the new six-month visitor domestic service agreements, which is a different arrangement.
It is my understanding that there is a great deal of abuse of such people, most often Filipinos, by the embassies of certain nations which we need not
mention. What can my noble friend do about that? Embassies claim diplomatic immunity, and they abuse those people, Filipinos in particular, who then essentially escape from the embassies and become illegal immigrants here. What can we do to help them?
I have tried to make it clear that these people are not casually trafficked. They must be in the employment of the employer for 12 months before they come to this country. It is designed for people accompanying overseas visitors, who I think this country seeks to encourage. However, I do not think that the scenario that the noble and learned Baroness points out actually exists. There is the national referral mechanism. Any information on trafficking represents a criminal offence, and we would not hesitate to prosecute.
I have tried to make it clear that these people are not casually trafficked. They must be in the employment of the employer for 12 months before they come to this country. It is designed for people accompanying overseas visitors, who I think this country seeks to encourage. However, I do not think that the scenario that the noble and learned Baroness points out actually exists. There is the national referral mechanism. Any information on trafficking represents a criminal offence, and we would not hesitate to prosecute.
My Lords, I declare an interest as co-chair of the All-Party Parliamentary Group on Human Trafficking. One of the great problems is that if these women who have been trafficked—and I suspect that there is a substantial minority about whom we do not know—cannot get another job, they will be sent home and may be re-trafficked. The Government need to recognise that this is a real problem.
I give that undertaking, and course I am aware of what the noble Baroness is suggesting. However, this country’s power to deal with such matters is limited to their treatment here in the UK.
I give that undertaking, and course I am aware of what the noble Baroness is suggesting. However, this country’s power to deal with such matters is limited to their treatment here in the UK.
My Lords, will the Minister undertake at his meeting next week to reconsider his statement that there is security in knowing that people have been in employment for 12 months? The conditions in which they may have been in employment in some other countries may be equally bad.
To ask Her Majesty’s Government what measures are in place to ensure that persons entering the United Kingdom on the overseas domestic worker visa since 2012 are being paid and employed once in the United Kingdom according to United Kingdom employment law, with particular regard to the national minimum wage.[HL568]
To ask Her Majesty’s Government what measures are in place to ensure that persons entering the United Kingdom on the overseas domestic worker visa since 2012 are being paid and employed once in the United Kingdom according to United Kingdom employment law, with particular regard to the national minimum wage.[HL568]
In order to ensure that protections are in place for overseas domestic workers within the UK and prevent the importation of abusive employer/employee relationships, the entry clearance officer must be satisfied that the domestic worker has signed terms and conditions which certify that the individual will be paid in line with the National Minimum Wage Act. An overseas domestic worker has the same employment rights as other workers in the UK. Once in the UK, a domestic worker has access to advice on employment rights and law through the Pay and Work Rights Helpline (on 0800 917 2368) and the ACAS helpline (08457 47 47 47), both of which can provide assistance in a variety of languages and can advise on issues such as national minimum wage law. HM Revenue and Customs investigates every complaint made through the Pay and Work Rights helpline. Individuals can also pursue a claim for unpaid wages through the Employment Tribunal.
As part of the visa-issuing process, domestic workers receive a letter informing them of their rights in the UK and that letter includes details of the relevant helplines. A copy is available at: http://www.ukba. homeoffice.gov.uk/visas-immigration/working/othercategories/domesticworkers/apply-visa/
The Home Office does not routinely pass details of employers entering the UK with domestic workers to the Department of Work and Pensions or HM Revenue and Customs. It is the responsibility of individual employers to ensure that they comply with the UK law in relation to tax and national insurance contributions.
To ask Her Majesty’s Government which rights migrant domestic workers are informed of as part of the visa issuing process; whether the information given to workers entering the United Kingdom is published; and, if so, where.[HL569]
To ask Her Majesty’s Government which rights migrant domestic workers are informed of as part of the visa issuing process; whether the information given to workers entering the United Kingdom is published; and, if so, where.[HL569]
In order to ensure that protections are in place for overseas domestic workers within the UK and prevent the importation of abusive employer/employee relationships, the entry clearance officer must be satisfied that the domestic worker has signed terms and conditions which certify that the individual will be paid in line with the National Minimum Wage Act. An overseas domestic worker has the same employment rights as other workers in the UK. Once in the UK, a domestic worker has access to advice on employment rights and law through the Pay and Work Rights Helpline (on 0800 917 2368) and the ACAS helpline (08457 47 47 47), both of which can provide assistance in a variety of languages and can advise on issues such as national minimum wage law. HM Revenue and Customs investigates every complaint made through the Pay and Work Rights helpline. Individuals can also pursue a claim for unpaid wages through the Employment Tribunal.
As part of the visa-issuing process, domestic workers receive a letter informing them of their rights in the UK and that letter includes details of the relevant helplines. A copy is available at: http://www.ukba. homeoffice.gov.uk/visas-immigration/working/othercategories/domesticworkers/apply-visa/.
The Home Office does not routinely pass details of employers entering the UK with domestic workers to the Department for Work and Pensions or HM Revenue and Customs. It is the responsibility of individual employers to ensure that they comply with the UK law in relation to tax and national insurance contributions.
To ask Her Majesty’s Government whether they treat foreign domestic workers forced to work excessive hours for less than the minimum wage, or not paid in cash, as persons trafficked by deception.[HL461]
To ask Her Majesty’s Government whether they treat foreign domestic workers forced to work excessive hours for less than the minimum wage, or not paid in cash, as persons trafficked by deception.[HL461]
Low wages and poor working conditions alone are unlikely to equate to human trafficking. However, each case is considered on its individual merits.
An adult is considered to be trafficked when they are coerced or deceived into a situation where they are exploited. Exploitation in a trafficking for forced labour context is assessed against internationally accepted criteria and requires the work to be exacted under the menace of any penalty and performed against the will of the person concerned.
To ask Her Majesty’s Government what is their response to the Kalayaan report Slavery by Another Name: the Tied Migrant Domestic Worker Visa. [HL159]
To ask Her Majesty’s Government what is their response to the Kalayaan report Slavery by Another Name: the Tied Migrant Domestic Worker Visa. [HL159]
Kalayaan’s report is based on the experiences of 29 overseas domestic workers who have approached them for advice and support and who have come to the UK since the route was reformed in April 2012. In 2012, 15,553 visas were issued to overseas domestic workers coming to work
in private households. Therefore the individuals approaching Kalayaan represent only a very small proportion of the total.
The Government recognise that overseas domestic workers can be vulnerable and that there is a risk that abusive employer/employee relationships are imported to the UK. The April 2012 reforms address that risk by ensuring those entering the UK to be overseas domestic workers in a private household do so only for a short time (up to six months) and to accompany an employer who is visiting the UK and with whom they have a pre-existing relationship. To be granted a visa, they must show that they have worked for the employer for 12 months before accompanying him to the UK, and must have signed terms and conditions that certify that the individual will be paid in line with the National Minimum Wage Act. As part of the visa-issuing process, domestic workers are informed of their rights in the UK and where to get help if needed. The Government do not agree with Kalayaan’s view that the experiences of the 29 workers who have approached Kalayaan demonstrate that the Government’s reforms are not working.