Legal to require a citizen provide a birth certificate for job?

theladyaine

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Heu I was looking for some advice: a friends mom has applied for a job at a local hospital and has all the necessary qualifications etc, but the hospital refuses to hire her full time unless she provides a birth cert- this means no vacation days, no real contract, termination at any time etc. She's a naturalised citizen, and can provide her passport to prove it. However, the country shes from doesnt have birth certs to begin with, and even if they did, due to an ongoing war, all records were destroyed. Shed have to make a lengthy and expensive trip up to Dublin and the embassy to do anything about this.... This doesn't seem right, as she can prove her right to work in ireland.... I know some peoole at the hospital and can have a talk with them about it if the law is indeed on my side.... Anyone know the deal?
 
If your friend's Mum holds an Irish passport then she proves both her identity and her right to work in Ireland. In other words, a birth certificate should not be needed.

Are all of the hospital's employees expected to provide a birth certificate? If not, then there is a possibility that your friend's Mum is being discriminated against on grounds of race, which is illegal under the Employment Equality Acts 1998–2015. More information available here:

http://www.citizensinformation.ie/en/employment/equality_in_work/equality_in_the_workplace.html
 
I would assume it is not about her having a right to work here, otherwise they would not have taken her on in the first place. I would expect that it relates to qualification for pension benefits, paid holidays etc... If she does not think that is worth an 'expensive' trip to Dublin, that is her choice. But claiming you can produce a birth certificate when you have not even tried is not very impressive.
 
It's possible. For example, if you are a former asylum seeker, have completed the asylum process, have been naturalised as an Irish citizen, then it is possible for you to be the proud holder of an Irish passport, but not to have, or have ever had, a birth certificate.

From reading between the lines this might be the case with the OP's friend's mother.
 
But claiming you can produce a birth certificate when you have not even tried is not very impressive.
She never claimed that she could produce a birth certificate. It appears that she can produce a passport.
 
Heu I was looking for some advice: a friends mom has applied for a job at a local hospital and has all the necessary qualifications etc, but the hospital refuses to hire her full time unless she provides a birth cert- this means no vacation days, no real contract, termination at any time etc. She's a naturalised citizen, and can provide her passport to prove it. However, the country shes from doesnt have birth certs to begin with, and even if they did, due to an ongoing war, all records were destroyed. Shed have to make a lengthy and expensive trip up to Dublin and the embassy to do anything about this.... This doesn't seem right, as she can prove her right to work in ireland.... I know some peoole at the hospital and can have a talk with them about it if the law is indeed on my side.... Anyone know the deal?

No-one at the hospital should speak to you about a specific HR/Recruitment/Staff case, as it is a breach of confidentiality on their part.
 
@TLO Pretty sure Jim2007 meant to write "can't" in his post.

@gipimann - OP never said the prospective employer had contacted them directly about this specific case. If friend gives authority to OP to act as her agent, then OP can legitimately make contact with them.

To respond to OP.

I think your friend needs to make an effort and contact her country of origin.

Ireland is a small country, Dublin is not that big a journey these days.

Provide the passport and perhaps a letter or similar document from embassy that birth records are being checked (or words to that effect). And see if that meets them half way for now so that she can at least start work.
 
I would assume it is not about her having a right to work here, otherwise they would not have taken her on in the first place. I would expect that it relates to qualification for pension benefits, paid holidays etc... If she does not think that is worth an 'expensive' trip to Dublin, that is her choice. But claiming you can produce a birth certificate when you have not even tried is not very impressive.


OP says the country in question does not have birth certs. In what impressive way should she try to get a birth certificate that never existed?
 
She never claimed that she could produce a birth certificate. It appears that she can produce a passport.

Sorry, the sentence should have read: But claiming you can not produce a birth certificate when you have not even tried is not very impressive.

She should make the effort to contact the embassy and find out what is possible, it is very unlikely that she is the first one and I expect the embassy will already have some ideas on what can be done. We have lots of people here in Switzerland without papers and in every case i know of they were able to get some kind of paper that satisfied the local authorities. Even a statement that it was not possible, allowed those people to make a sworn declaration that was then accepted.
 
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