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Dáil Éireann debate -
Tuesday, 15 Dec 1998

Vol. 498 No. 4

Written Answers. - Worker Protection Legislation.

Ruairí Quinn

Question:

85 Mr. Quinn asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of persons working in the Labour Inspectorate of her Department with responsibility for the enforcement of employment rights legislation including the Minimum Notice and Terms of Employment Acts, 1973 and 1991, the Unfair Dismissals Acts, 1977 to 1993, the Protection of Young Persons (Employment) Act, 1996, the Worker Protection (Regular Part-Time Employees) Act, 1991, the Payment of Wages Act, 1991, the Terms of Employment (Information) Act, 1994, the European Communities (Safeguarding of Employees' Rights on Transfer of Undertakings) Regulations, 1980, and the Organisation of Working Time Act, 1997; the number of inspections carried out by the inspectorate other than on foot of complaints received; the number of these inspections carried out outside of normal office working hours; the areas of trade or business, if any, identified by her Department as priorities for the purposes of routine inspections; the statistical likelihood of any particular firm being the subject of an inspection otherwise than on foot of a complaint; and if she will make a statement on the matter. [27212/98]

The labour inspectorate of my Department is responsible for the enforcement of worker rights set down in a variety of labour legislation and of statutory minimum rates of pay and conditions of employment of workers employed in sectors covered by Employment Regulation Orders (EROs) and registered employment agreements (REAs). The inspectorate is comprised of 11 inspectors, two of whom are job-sharing, who are provided with administrative back-up support by a staff of five officials. The legislation in respect of which the inspectorate has an enforcement function comprises: Employment Agency Act, 1971, Redundancy Payments Acts, 1967-1991, Protection of Young Persons (Employment) Act, 1996, Payment of Wages Act, 1991, Worker Protection (Regular Part-Time Employees) Act, 1991, Protection of Employees (Employers Insolvency) Act, 1984-1991, European Communities (Safeguarding of Employees' Rights on Transfer of Undertakings) Regulations, 1980, Protection of Employment Act, 1997, Organisation of Working Time Act, 1997, Parental Leave Act, 1997.

They have no enforcement function, however, in respect of the Unfair Dismissals Acts, 1977-1993, the Terms of Employment Information Act, 1994, or the Minimum Notice and Terms of Employment Acts, 1973 and 1991, as legal remedy to aggrieved parties in these cases is available via the Employment Appeals Tribunal and-or the Rights Commissioner Service.

Labour law enforcement activity is driven by three factors: by complaints and allegations made against individual employers or sectors of employment by unions or aggrieved employees; by random or spot-check investigation, and by officially-determined policy with resepet to enforcement.

In conducting their work, the inspectors generally operate within normal office hours. Appended to this reply are tables detailing the number of inspections carried out under the above-named worker protection legislation in 1997, totalling 1,671 and in the period January-October 1998, totalling 1,022: approximately 5 per cent of these inspections were generated by complaints received. During the same period the number of inspections carried out under ERO's and REA's was 3,990 in 1997 and 2,802 in 1998 (to 31-10-98).

From time to time and resulting from on-going official reveiw of enforcement policy, and consistent with the resources available to me, individual sectors are identified as appropriate for sustained and intensified investigation by the inspectorate.

The factors which give rise to selection for such investigation are varied but typically include such considerations as: the volume of complaints-representations made about worker rights infringe-ments in a particular sector; seasonality factors which, in a particular sector, might lead to surges of production-output and to consequential increase in time worked by the employee or the hiring of additional temporary labour and the scale of workspace abuse of employee rights and entitlements brought to light in the course of inspection work or through media reporting.
In the course of summer 1998, for example, a concentration of inspection-enforcement work was focused for two weeks on the co-operative sector in response to allegations made in the media concerning possible abuse of the rights-entitlements of staff temporarily employed for summer work in that sector. The catering sector nationwide will be subjected, in the course of 1999, to a prolonged period of intensified investigation-enforcement activity by the labour inspectorate, such activity to be conducted in parallel with an information-advertising campaign designed to heighten awareness of the responsibilities of employers and of the rights and entitlements of employees who operate in the catering business. In turn other sectors will — where the indications point to a widespread abuse of worker rights-entitlements — to be selected for a similar enforcement approach.
As regards the statistical likelihood of any particular firm being the subject of an inspection, overall policy is aimed at ensuring an inspection of each employer featured on my Department's register of employment premises takes place approximately once every three years.

Yearly Return - January-October

1998

Employment Regulation Orders

2,461

Employment Agency Act 1971

25

European Communities (Safeguarding of Employees Rights)

4

Holidays (Employees Acts 1973 and 1991)

72

Payment of Wages Act 1991

214

Protection of Employees (Employers Insolvency) Acts 1984-91

3

Protection of Employment Act 1977

1

Protection of Young Persons (Employment) Act 1996

677

Redundancy Payments Acts 1967 to 1991

4

Shops (Conditions of Employment) Acts 1938 and 1942

1

The Organisation of Working Time Act 1997

21

Registered Employment Agreement (Construction Industry)

66

Registered Employment Agreement (Electrical Industry)

6

Registered Employment Agreement (Printing Industry)

Registered Employment Agreement (Footwear, Drapery and Allied Trades)

269

Total

3,824

Inspections under Worker Protection Legislation in 1997

Yearly Return - January-December

1997

Employment Regulation Orders

3,880

Protection of Young Persons (Employment) Act, 1977-1996

1,194

Holidays (Employees) Acts, 1973 and 1991

111

Employment Agency Act, 1971

33

Registered Employment Agreement (Construction Industry)

68

Registered Employment Agreement (Electrical Industry)

1

Registered Employment Agreement (Printing Industry)

1

Registered Employment Agreement (Footwear, Drapery and Allied Trades)

40

Payment of Wages Act, 1991

330

Protection of Employees (Employers Insolvency) Acts, 1984 to 1991

3

Total

5,661

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