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Employment Rights

Dáil Éireann Debate, Wednesday - 16 October 2019

Wednesday, 16 October 2019

Ceisteanna (148)

Thomas Pringle

Ceist:

148. Deputy Thomas Pringle asked the Minister for Business, Enterprise and Innovation the steps she is taking to ensure that all public bodies comply with S.I. No. 234/2019 - Sectoral Employment Order (Construction Sector) 2019 introduced by her Department and previous orders; the steps that can be taken if they have not complied with same; if her Department carries out inspections to see if there is compliance by public sector employers; and if she will make a statement on the matter. [42411/19]

Amharc ar fhreagra

Freagraí scríofa

The Workplace Relations Commission (WRC) is the statutory body charged with the regulation and enforcement of employment law in the State. The WRC carries out inspections of employer records with a view to determining employer compliance and to ensure that employees are receiving their statutory entitlements.

The aim of the WRC is to achieve voluntary compliance with employment law through the provision of education and awareness, inspection of employers employment records and enforcement where necessary. 

While every effort is made to secure compliance, some employers either refuse or fail to rectify breaches identified and/or pay money due to their employees. These cases are referred for prosecution where the statutes provide for same.

The pay rates and terms of employment of construction workers engaged under public contracts are governed by the Sectoral Employment Order (SEO) for the construction sector.  Companies who are awarded public contracts are expected to comply with all employment law as part of the terms and conditions of the contract. Notwithstanding this, WRC Inspectors carry out inspections of employers employment records where non-compliance is reported.

Where non-compliance is detected, the employer is notified of the statutory obligations under the SEO and the workers are informed of their statutory right to seek redress through the adjudication services of the WRC.

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