Despite legislation guaranteeing all workers in Ireland the same rights, exploitation is a key issue. However, employers and unions disagree on its extent, writes John Downes

Recent images of Turkish workers protesting against their employer have brought the rights of immigrant workers into sharp focus here.

The workers claim their employer, Gama Construction, has systematically underpaid them and forced them to work up to 80-hour weeks. Gama, however, strongly denies the claims.

So what obligations do Irish employers have when it comes to their foreign employees? And just how widespread are the issues that the Gama case has raised?

According to Mike Jennings of the Siptu trade union, which represents most Gama workers here, the first thing any employer has to remember is that once an individual has the right to work legally in Ireland, they are covered by the same legislation as an Irish worker.

"So any idea of getting a cheap low-cost worker has to be put right out of their heads," he says.

"They are setting themselves up to be breaking the law if they don't acknowledge this."

Among the rights that employers must afford their workers are the entitlement to the minimum wage and statutory rest breaks, he points out.

But even where the rates of pay are in excess of the minimum wage, employers also have to ensure that foreign workers are not paid less than their Irish counterparts.

If not, they risk being accused of discriminating against their employees on the grounds of their ethnicity, he warns.

This can even be counterproductive for the employer in question, he believes.

"The effect of the creation of a two-tier workforce is extremely disruptive to staff morale and productivity. If Irish workers are being paid a little bit better, they might feel insecure and that their own position is under threat because they are being underpriced [by foreign labour].

"Foreign workers, for their part, feel less valued. And when people don't feel valued, then they don't give as selflessly of themselves to the company. Any reputable company will understand that."

Despite this, Jennings claims there are still significant numbers of disreputable employers who are looking to "cut corners" with their foreign staff.

The recent accession of 10 countries to the EU has provided an opportunity for the Irish economy to meet its workforce needs in the coming years, he believes.

But this is only if Irish employers have a reputation for treating their employees - working in areas such as construction, horticulture and the hotel and catering sector - fairly, he says.

However, according to Brendan McGinty of employers body Ibec, the vast majority of employers here are doing exactly this.

There is, he believes, a risk that a few cases highlighted in the media are being blown out of all proportion.

He points out that recent developments, such as the introduction of the minimum wage, underline the fact that workers here are being paid a decent wage.

"One of criticisms I would have of some of the media coverage of some of the higher-profile cases is that it seems to suggest a major problem," he says.

"In 99 per cent or more of cases, people are receiving their entitlements."

In a competitive marketplace, employers are also keen to ensure they are able to attract the staff they need, McGinty points out. As a result, it is in their interests to treat their staff well.

While he acknowledges that there is always a risk in a growing economy that some people will try to exploit workers to undercut their competitors, he says this is something that Ibec would never condone.

"For the most part, employers are applying fair and reasonable conditions, without discriminating on the grounds of nationality," he says.

"It is simply not credible this day and age not to do so."

Others have pointed to the lack of an adequately resourced labour inspectorate as a reason to suspect that cases such as Gama may just be the tip of the iceberg, however.

They argue that if employers are not being subjected to regular inspections, then it is impossible to know whether they are abiding by their obligations.

Earlier this month, the Minister for Enterprise, Micheál Martin, announced the appointment of 10 new labour inspectors, specifically to combat exploitation.

This came on the heels of fears that an inspectorate of just 21 was insufficient to inspect the nearly two-million strong Irish workforce.

McGinty says this is a positive step, but points out that his members need more clarification of the role and remit of the inspectorate.

Clearly, there are a number of differing viewpoints as to the extent of the exploitation of migrant workers here.

But it seems equally evident that, as the Irish economy continues to grow (with all the labour requirements this entails), migrant worker exploitation will continue to be a key issue for employers and employees alike.