Siptu official says he is logging an underpayment complaint an hour as problems start to mount in the building industry
IN THEweek it emerged that one in eight of the state's workers is a non-Irish national, reports are growing of mass exploitation of foreign workers in the construction industry while Irish workers are finding it increasingly difficult to get jobs as the sector begins to slow.
Some unscrupulous employers are hiring foreign workers and paying many well below the legal rate, leaving some seasoned Irish construction workers heading for the dole queue, according to Siptu. "Exploitation of non-national workers in the construction trade has been rampant for the past couple of years now and is showing no sign of abating, " said Brendan O'Brien, a Dublin Siptu official.
In recent weeks, the union has lodged 20 separate cases to the Labour Inspectorate to investigate, citing massive underpayments. One case involves three Lithuanian men who the union maintains are owed between Euro6,000 and Euro7,000 each from the now defunct Dublin company AG Rogers Ltd. "It is a lot of money to anyone. In April, the boss just called us in and said there was no job, " said Gintaras Vaitkus (22), who was laid off, along with Nerijus Kanisauskas (28) and Armandas Kaciaciskas (23), when the company went into liquidation in April.
Kanisauskas, who worked with the company for over two years, had recently got a mortgage and is now having difficulties with the repayments. "I am finding it tough and have not found another fulltime job since, " he said. The three young men have been going from site to site seeking work since they lost their jobs. "They called us in on a Friday and told us our jobs were finishing on the Monday. We have asked for a reference but they have not sent us one. This is making things more difficult. We had been trying to send money home, " Vaitkus told the Sunday Tribune.
The three Lithuanians were underpaid almost Euro3 an hour on occasion over the tenure of their employment with the company and were not always paid the correct travel-time rates, Siptu claims in its submission to the Labour Inspectorate, seen by the Sunday Tribune. The legally binding, registered employment agreement for the construction industry has established a minimum hourly wage of Euro14.17.
"I think it's a problem for some of my friends that they don't speak English very well, " said Vaitkus. "I know one Lithuanian who has gone home because he cannot wait any longer to get his money that is owed."
Unscrupulous employers The Labour Inspectorate will now investigate AG Rogers, along with a number of other companies, following Siptu's representations. When contacted, Anthony Rogers, who founded the company, denied that any of his employees were paid below the legal rate of pay. "They were great workers and they were always very well paid.
They used to go on holidays and bring me back gifts. When they first arrived, I went into the bank and vouched for them. It is untrue." Rogers added that he had not yet heard from the Labour Inspectorate and that his company has folded.
Siptu expects that it will take the Labour Inspectorate a number of months to investigate the companies they allege have "massively exploited" employees. "If the company refuses to pay up, it will be taken through the courts, which will delay the process further and is frustrating for the workers, who often badly need the money, " said O'Brien. "In some cases, these workers cannot wait any longer and go home.
They never get their money. Some unscrupulous employers are aware of this fact and use it to their advantage. Since the beginning of the year, we've had one walk-in complaint of underpayment per hour from guys coming into Liberty Hall. We now have a log book because of the sheer volume.
The majority of cases we are investigating at the moment involve foreign workers."
But it's not just foreign workers facing problems in Ireland's construction sector. Frank Ward (47), a labourer from Cavan living in Dublin who's been working in construction for 28 years, has been unable to find a job for the past five months. "In the last week, I've gone to 27 building sites with another Irish man. No luck so far.
As soon as you open your mouth and they hear you're Irish, they don't want to know, " he said.
"Irish people demand the union rate, which has been hard fought for. But I've stood behind foreign guys in queues handing in their applications and heard them tell the foreman they'll accept Euro10 an hour. They may be getting underpaid but it's still a huge amount of money to some of them compared to what they were earning in their home countries. So all of us Irish workers haven't got a hope in comparison and never get the jobs, despite our experience."
'It's pure discrimination' Ward, a parttime body-builder, acknowledges that although he may not be as young as many construction workers, he believes he's as able. "I know young Irish guys who can't get jobs either, so it's not my age. It's my nationality and it's pure discrimination. It's a problem that has been growing for three years and is now reaching a head." Ward believes the only way for the construction sector to get itself back on its feet is if all workers demand the correct rate of pay. "The dole queue is increasingly filled with Irish construction workers. I know at least 100 guys in the past two years who've lost their jobs. Some of the foreign workers accept under the rate of pay but then the minute they get fired they head straight down to Siptu to complain. Many of them are not even members of the union."
Siptu is well aware of the current climate of frustration among Irish construction workers, yet its hands seem to be tied. "There is a noticeable element where some non-national workers appear to be willing to work for below the rates.
They bide their time until they're fired and then come into us, " said O'Brien. "Some of the people coming into us may not be members. But in cases of gross exploitation, we will not turn anyone away. All Siptu can do is continue to urge all workers not to accept below the legally-binding rates of pay. Another problem is that some nonnationals are not aware of their rights and sometimes they're afraid of their bosses."
Mounting tensions Racial tensions are rising on building sites around the country as some Irish workers clash with their foreign counterparts who accept illegal rates of pay, rendering many people unemployed. "There is frustration growing on the sites, which are now completely dominated by foreign workers, mostly not being paid the right rate, " said Ward. "To a certain extent, it is causing ill-feeling."
Siptu is also aware of this growing, worrying problem. "Yes, if there is a significant downturn in the industry, there is a danger of problems between Irish and non-Irish workers, " O'Brien agreed. "The only people to blame in this situation, though, are the employers who are taking advantage of all workers, indiscriminately."
Ward, who is married to a Russian woman and has a five-year-old daughter, Amina, is finding being out of work increasingly difficult. He declined to be photographed for this article as he believed his picture would be circulated around building sites and he would never again find employment.
"I should not have to be on the labour. It is for the first time in my life but what choice do I have? It's very depressing. It's soul destroying. When people ask me what I do, I'm embarrassed to say I'm out of work because people think there is so much work, " he said. "It breaks my heart to look at my child and not be able to give her everything she wants. But without my wife and child, I don't think I could cope. I don't drink or smoke and have obeyed the law and worked all my life. But look at the situation I've found myself in. Where is the Celtic Tiger? Where are all the jobs?"
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