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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.