Vol. 566 No. 1
149 Mr. Howlin asked the Tánaiste and Minister for Enterprise, Trade and Employment her Department's policy in relation to students in second level education who work part time; the policy in relation to the protection of rights of such students; and if she will make a statement on the matter. [11648/03]
My Department's policy in relation to students in second level education is that the Protection of Employees (Part-Time Work) Act 2001 applies. This Act provides that part-time employees shall not be treated less favourably in respect of conditions of employment than full-time employees, with the exception of pensions or where the less favourable treatment can be justified on objective grounds.
My Department's policy in relation to the protection of rights of such students is that the Labour Inspectorate enforces certain aspects of employment rights legislation, applying to all employees, including students in second level education who work part-time. One aspect of that enforcement includes the provisions of the Protection of Young Persons (Employment) Act 1996. This Act is particularly relevant in the case of second level education students who work part-time. Inspectors' night work enforcement activity is almost exclusively related to their role in enforcement of that Act. Targeted inspections are often by way of out of normal office hours inspection activity, throughout various employment sectors, including fast food outlets, restaurants, licensed premises and hotels.
Where it appears that an employer has failed to comply with the provisions of the Protection of Young Persons (Employment) Act 1996, the matter is referred to my Department's legal advisers for consideration as to the initiation of legal proceedings. Where inspectors find other infringements of employment rights protections and where voluntary compliance is not achieved to the satisfaction of my Department, such matters are also referred to my Department's legal advisers for consideration as to the initiation of legal proceedings.
The employment rights information unit of my Department concluded a proactive awareness campaign during 2002 whereby all secondary schools were circulated with information on all aspects of employment law, including details of the Protection of Young Persons (Employment) Act 1996. Work is almost complete on a similar campaign this year. Staff of that unit also visit secondary schools, citizen information centres and other organisations to disseminate information on general employment rights protections, including the Protection of Young Persons (Employment) Act 1996.
