Vol. 489 No. 2
59 Ms McManus asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of people employed in the telesales or teleservices sector; if her attention has been drawn to the concerns in relation to the working conditions of people employed in these areas; if she has satisfied herself that all health, safety and labour regulations are being observed in this sector; and if she will make a statement on the matter. [7575/98]
Teleworkers are people who work from home or a local centre and use telecommunications equipment for a substantial part of their job. They may be self-employed, part-time or full-time employees and work for one employer or several clients.
The number of teleworkers in Ireland is difficult to estimate. Using the narrow definition of a teleworker as one who uses a computer at home to provide a service for a client or for an employer, then the numbers are small. Taking the wider definition of teleworking as work carried out using telematic links with computer and telephones in a centre or more traditional type of workplace, the number could be over 6,000. These include those involved in telemarketing or telesales, mainly computer sales, operating freephone lines, banking service, data processing and central reservation points.
In general, employment protection legislation applies to "employees", that is persons who are employed under a contract of service or apprenticeship, including persons employed on fixed term contracts and persons employed on contracts for a specified purpose. Thus, teleworkers who fall into the category of "employees" are covered by labour protection legislation. Thus, teleworkers who are not "employees" and who are in effect, self-employed, are not covered by such legislation.
I should point out that labour laws regulate employer/employee relationships only and do not attempt to regulate self-employment. The question of whether or not an individual's employment relationship comes within the scope of a specific labour law is a matter for the relevant adjudicative body under the relevant Act, for example, a rights commissioner or the Employment Appeals Tribunal in the case of payment of wages and unfair dismissals.
All teleworkers, whether self-employed or otherwise, are fully protected by the Safety, Health and Welfare at Work Act, 1989 and its associated regulations. The Safety, Health and Welfare at Work, Act 1989 provides a comprehensive legislative framework by means of which effective health and safety procedures can be formed and managed in all sectors of the economy, including the telesales and teleservices sector. Under this legislation, it is the primary duty of every individual employer to identify, assess and manage the health and safety needs of his or her own business.
In the context of the application to employees of the legislation referred to in the preceding paragraphs I am not aware of any specific problems with the operation of such legislation in the telesales or teleservices sector.
