Tom Kitt
Question:18 Mr. T. Kitt asked the Minister for Enterprise and Employment the measures, if any, he is taking to deal with the exploitation of part-time workers; and if he will make a statement on the matter. [8057/95]
Written Answers. - Exploitation of Part-time Workers.
Since the introduction of the Worker Protection (Regular Part-Time Employees) Act, 1991, regular part-time employees have enjoyed the same rights as full-time employees under worker protection legislation.
Prior to the introduction of the 1991 Act, part-time workers were generally excluded from the protection of labour legislation, with the exception of certain areas such as health and safety and equality. The 1991 Act extended to regular part-time employees the benefits of the Redundancy Payments Acts, 1967 to 1990, the Minimum Notice and Terms of Employment Acts, 1973 and 1984, the Worker Participation (State Enterprises) Acts, 1977 and 1988, the Unfair Dismissals Act, 1977, the Maternity Protection of Employees Act, 1981 and the Protection of Employees (Employers' Insolvency) Acts, 1984 and 1990.
The 1991 Act also extended to regular part-time employees, on a modified basis, the benefit of the Holidays (Employees) Act, 1973. Regular part-time employees are entitled to annual leave at the rate of six hours per 100 hours worked and proportionally less where fewer hours are worked.
Any employee who feels that his-her employer has contravened the legislation or who feels that he-she is not receiving the correct statutory entitlements may refer the matter to my Department where the matter will be investigated on their behalf or may refer a claim to the relevant adjudicative authorities, where approprite.
General conditions of employment which are not encompassed by the legisation to which I have referred are generally a matter for agreement between employers and employees. However, in certain sectors of employment, rates of pay and conditions of employment are set down in Employment Regulation Orders or Registered Employment Agreements. Where part-time workers come within the scope of such orders or agreements, they are entitled to the same benefits and entitlements on a pro-rata basis to full-time employees. If any employee feels that he-she is not receiving his-her statutory entitlements under such Orders or Agreements, he-she may refer a complaint to my Department where the matter will be investigated.