The Expansion of Wage Theft Legislation in Common Law Countries—Should Ireland be Next?
Michelle O’Sullivan
Industrial Law Journal, 2023, vol. 52, issue 2, 342-370
Abstract:
While employment laws exist to protect workers from the unfair exploitation, evidence suggests that wage theft is a prominent practice. Wage theft has received considerable public policy attention in several common law countries leading to the introduction of new legislation on the basis that existing legal regulations were inadequate and because the effects of wage theft are particularly deleterious for low-wage workers. Wage theft though remains underexplored in an Irish policy context. This article examines whether Ireland needs stronger laws to address wage theft by assessing if existing minimum wage and working time employment legislation provide an effective remedy for workers. The analysis finds that Irish laws already contain many provisions which new wage theft laws in other jurisdictions have introduced, suggesting radically new legislation is not needed. Several features of existing laws though obstruct workers in seeking remedy for underpayments and require amendment. Changing legislation, however, will likely be insufficient for an effective enforcement regime and it must be supplemented by statutory support for collective representation and enhancing labour inspectorate capacity to act on workers’ behalf.
Date: 2023
References: Add references at CitEc
Citations:
Downloads: (external link)
http://hdl.handle.net/10.1093/indlaw/dwac019 (application/pdf)
Access to full text is restricted to subscribers.
Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.
Export reference: BibTeX
RIS (EndNote, ProCite, RefMan)
HTML/Text
Persistent link: https://EconPapers.repec.org/RePEc:oup:indlaw:v:52:y:2023:i:2:p:342-370.
Access Statistics for this article
Industrial Law Journal is currently edited by Professor Simon Deakin
More articles in Industrial Law Journal from Industrial Law Society
Bibliographic data for series maintained by Oxford University Press ().